Bad Reference - Job lost

honeysnow24

My ex employer has given me a bad reference and the new job I had secured has now withdrawn the offer.
I asked to see the reference but my ex employer and the company I applied to said they couldn't give me a copy (because of the data protection act)
This is so unfair as I haven't done anything wrong
Do I have any rights to check the reference/have it corrected if necessary?
What should I do next?
I am so upset that my new job has now gone

elsien

https://www.gov.uk/work-reference
As you haven't started with the new employer, I'm not sure where that leaves you. Information commissioner's office, maybe? Although that's not going to be a quick process.
https://ico.org.uk/for-the-public/personal-information

lonestarfan

You should make a subject access request (SAR) under the DPA to your previous employer asking them to release the reference to you. There will be a charge. It's about £10.

ohreally

This has been covered previously, do a search.

System

lonestarfan wrote: »

You should make a subject access request (SAR) under the DPA to your previous employer asking them to release the reference to you. There will be a charge. It's about £10.

References provided by a data controller fall outside the DPA and would not be provided under a SAR. However references received by a data controller are within the DPA so OP will need to make a SAR on the company that received the reference

lonestarfan

!!!!!! wrote: »

References provided by a data controller fall outside the DPA and would not be provided under a SAR. However references received by a data controller are within the DPA so OP will need to make a SAR on the company that received the reference

That's good info thanks.
My company has released info but I didn't consider was it as a receiver or a sender so thanks for the clarification.

Undervalued

You have a right to obtain a copy from the potential new employer as has been said above.

However, if they want to be difficult that could take several months.

A reference only has to be true and not deliberately misleading, the myth that "you cannot give a bad reference" is just that - a myth. If it is provably untrue then you would need to take professional advice regarding a possible high court libel action (very expensive) or a cheaper county court claim for negligent misstatement. Neither should be undertaken lightly.

Also keep in mind that, apart from a few regulated professions, an employer is not obliged to provide a reference at all. If they find out that you are challenging it that will almost certainly be their response next time. Rightly or wrongly a refusal is often interpreted as a "bad reference".

makeyourdaddyproud

In what way do you "think" the potential employer might believe it to be bad?

patman99

Do you have a friend who could poses as a business and request a reference from your old employer ?.

They would then be able to pass you the reference for you to read.

DCFC79

How do you know the reference received was bad and the job offer was withdrawn because of said reference.

[Deleted User]

DCFC79 wrote: »

How do you know the reference received was bad and the job offer was withdrawn because of said reference.

+1. It's a common excuse for recruiters to blame it on a bad reference, knowing that it's difficult to disprove it.