False/Misleading reference leading to withdrawn job offer

gmattey

Hi,

Wondering if anyone can give me any good advice on if i can do anything?

I left the previous company to pursue a career in the NHS, I informed them I was leaving on the 28th March 2013 and was told a reference had been sent. I've now left and been told a reference hadn't been received from the care home so i emailed the home and requested for it to be re-sent. I was told it had been sent and future emails where then ignored. I was persistent in getting this resolved so kept at it.

I was contacted on Monday just gone from the NHS to say they had received a unsatisfactory reference, saying I was poor this poor that and that I had taken 16 days off in my employment. I will openly admit I had time off but not 16 days, whether there's been a confusion and included rest days in my sickness I do not know but to say 16 days isn't true. If people looked at my wage slips through payroll this would confirm I had infact not had 16 days off absent.

I was quite upset at the fact she said I was poor at this and that. I was always polite to all staff, residents and family of the residents, turned up on time, came in on public transport in sleet, rain, snow. I carried out my work to the best of my ability which I'm sure my previous colleagues would back me up on if required.

It's just the fact that if I was so poor why was she as a Home Manager letting me look after vunerable adults it just doesn't add up, I was on a temporary contract due to probation and the Home Manager actually approached me in the corridor to say I need to do your contract as its due. It just doesn't add up that she was letting me look after vunerable adults, willing to offer me a full time contract yet according to a reference I was poor on several things. According to that reference she is infact saying she wasn't doing her job properly by employing me as a carer as it's her duty to protect the unfortunate people in the home. I've asked for proof to back up her claims on the reference but to no avail.

I actually ended up leaving earlier than anticipated but gave a full weeks notice still as the morning I gave written notice to her she actually went into a flash meeting and told all the senior carers and nurses in charge that I'd handed my notice in and I was leaving to go to the NHS. It would of been nice to of actually told people myself rather than people coming up to me oh your leaving us are you etc. Made me feel very uncomfortable so i did leave early. I think that breaks confidentiality as that should of been kept myself and her.

It seems as though she never sent the original reference, lied to my face, broke confidentiality and then sent another reference out of spite. I'm about to lose my job offer today if nothing can be done and potentially lose my home because of this I'm quite upset about the situation.

I thought I'd contact people first to try and resolve this matter professionally and in a good manner but if this cannot be resolved by today then I'm left with no choice but to take legal action. It's not something I want to do believe me and I've tried being reasonable but I don't think it's fair that my life should be ripped apart and have my future taken away from me because of a misleading reference.

More or less the gist of it just need some help.

maninthestreet

Any employment reference has to be factual - you need to see a copy of the letter to confirm what was actually written.

InsideInsurance

maninthestreet wrote: »

Any employment reference has to be factual

No, a reference can include opinion however the further you move from hard facts the harder it is to defend and therefore the more likely you are to be sued.

I do however agree that the first thing you need to do is to get a copy of the reference.

As to sick days, it would normally include rest/ non-working days if the sickness straddled them - ie if you worked Mon-Fri and were off sick Thurs - Mon inclusive then that would be 5 days of sickness not just 3 because you dont normally work weekends.

Once you have a copy of the reference you can view if anything is inaccurate and if it is then you can consider your response (eg a case for liable)

In the meantime it is best to speak to your prospective employer and see what can be done to smooth the waters there as resolving the poor reference itself is unlikely to happen within the timescales you need for this job.