Started new job but they received unsatisfactory reference

chokolat2

Hi, wondering if anyone has been in a similar situation, and can give some guidance..

I started my new job end of May.
I have just come back off holiday having been away for 2 weeks (I informed them of booked holidays at interview stage) and I have received a letter through the post stating that they have received an unsatisfactory reference from my most recent employer, therefore terminating my contract.

At interview stage, I explained to them why I left my last job (I did not find the environment and team professional) therefore my new employer was aware of this, but still offered me the position which I took and started the role immediately as by then I have already left my previous role.

Now my previous employer has obviously provided my new employer with a bad reference, which I am in question. I left my previous employment on good terms, with a resignation letter and received acceptance to go with immediate effect.

The letter from my new employer states that there has been concerns in regards to my performance and effectiveness as well as integration with the team, they then highlighted that this is similar to what my previous employer stated in the reference. I know this is not true, as even though I have only been at my new job for 2.5 weeks, I was always ahead with my work, and completed to a high standard (as my team leader mentioned to me on several occasions).

They are basically giving me "one weeks notice from what would have been my intended return to work date - 30th June" and are willing to pay the week. I shall also receive my P45 in the post.
As I rightly understand, they are not expecting me back in tomorrow...?

I find the reference provided by my previous employer misleading and untrue. How do I handle this? Obviously this is now going to affect any job offer I get in the near future, as they will yet again check, so I was just wondering what I can do in this case? Do I contact my previous employer ?

ohreally

chokolat2 wrote: »

I find the reference provided by my previous employer misleading and untrue. How do I handle this?

Not much you can do at the moment.

Ask your employer to provide a copy of the alleged reference to establish what is being communicated.

ableandy

Your options:

Firstly, was the letter sent by recorded / signed for delivery? If not I would go in to work tomorrow and carry on as if nothing has happened.

Put in a Subject Access Request with your current employer, this will give you details of anything they have done internally to check your reference and also give you a copy of the reference received.

As to the reference it could be:

Negligence:In Spring v Guardian Assurance [1994] ICR 596, the House of Lords confirmed that an employer or former employer owes a duty of care to the subject of a reference. If you can show that your former employer negligently included false or misleading information about you in your reference and you suffered loss as a result, you can sue in the County Court.

DEFAMATION: If your former employer maliciously gives out false information about you, you could in theory have a defamation claim. Proving malice is likely to be difficult, and in most cases where you might have a chance of showing malice, you will probably be able to show negligence more easily. A defamation claim in this context will rarely be a good idea.

A lot will depend on whether it was mis-truthful or the truth but not the way you would put it.

ohreally

http://ico.org.uk/what_we_cover/handling_complaints/case_story_1

http://ico.org.uk/what_we_cover/handling_complaints/~/media/documents/library/Data_Protection/Practical_application/references_v1_final.pdf

bevanuk

Being honest with you it sounds like you didn't really fit in with the new employer, otherwise I expect they would have overlooked the reference and given you a chance to prove yourself.

There are routes you can take above - I would follow up to find out what that reference says and speak to your old employer. I doubt any course of action will result in you getting your job back though.

Undervalued

bevanuk wrote: »

Being honest with you it sounds like you didn't really fit in with the new employer, otherwise I expect they would have overlooked the reference and given you a chance to prove yourself.

There are routes you can take above - I would follow up to find out what that reference says and speak to your old employer. I doubt any course of action will result in you getting your job back though.

Exactly....

If the reference was provably untrue (i.e not just a matter of opinion) and / or you can show it was deliberately misleading then you might possibly have a claim against your former employer.

It would also help if the new employer was willing to state formally that this was the only reason for your dismissal. However, they are under no obligation to give a reason during the first two years of employment. The only exception would be if you obtained a witness summons for them to testify in any claim you made against the former employer. That is always a dangerous game as you have no certainty as to what a reluctant witness may say.

Sadly, unless there are clear lies in the reference there is probably little you can do.