Dispute with ex employer

djmsemcgrath

OK, well, let's assume they had no grounds, considering they didn't once raise it with me, and haven't given any examples of "poor reliability" etc.

On this assumption, what would you do?

TBagpuss

you could make a subject access request to your old employer, asking for copies of your personel file including your previous apparaisals.

You could also ask your manager to make a note, to keep with the poor reference, stating that in his experience this company habitually gives poor references. UYou could ak also whether it is possible for the manager to do an early appraisal of you so that there is something on your curent personel file sooner rather than later recording that your timekeeping, performance etc are good.

[Deleted User]

damianjmcgrath wrote: »

In regards to the financial element, in response to a previous poster, I get paid around £1400 a month, and always have since I worked there. This month, they paid me £500 with no explanation why. I don't receive my payslip until 2 weeks after I get paid so I can't check to see what's happened. That's why I phoned them to query it and they are basically refusing to talk to me over the phone and have asked me to come into the office in 2 weeks time. To the best of my knowledge, I worked all days I was expected to, and they definitely didn't raise any issues before I left. I am absolutely convinced that the people who were annoyed that I left have "made a mistake" on purpose because they know I rely on the majority of my pay for my bills. I imagine in 2 weeks time, they will pay me, or try and drag something out for a bit longer, but this was just done to screw me over.

On the job element, I have a new job and my immediate manager is happy with me, and has dismissed the reference. However, I am now basically living in fear of someone higher up doing spot checks, seeing the reference, and asking questions. Especially if my new company decides to let people go at some stage, my poor reference will go against me. I understand that nothing bad has happened yet, but their false reference (again, done purely to screw me over) has put me at future risk, and this cannot be fair.

I obviously don't understand the legal ins and outs, and people have pointed out to me that a court is unlikely to consider future loss of earnings due to misrepresentation in a reference, but can people understand why I think I'm being treated unfairly?

Does sound like your right? That extremely childish of them to be honest.

How on earth can you take offence if someone leaves - thats life. Deal with it. Sounds like your better off out of it.

I agree though - unfortunately, you're going to have to wait. I'd be tempted to put my claim for the £900 in writing to them NOW though rather than wait two weeks.

As for the reference thing, not a lot you can do yet. Chances are if and when it comes to light you'll be working there a while and no-one will care if they like you at new place.

ScorpiondeRooftrouser

damianjmcgrath wrote: »

Especially if my new company decides to let people go at some stage, my poor reference will go against me.

If they do decide to let people go, they will want to keep the best employees. They wouldn't hold a poor reference from a previous company against you unless they wanted to get rid of you anyway. If you are the best person to keep they would be shooting themselves in the foot for no reason.

SandC

Just wanted to check how your pay works, because many firms work on the basis of you work two weeks in advance and two weeks in arrears so that on your payday you are paid for a couple of weeks you have done and a couple of weeks you haven't done yet. I've know people be thrown by this when they've timed their notice to end at paydate and then only received half.

Although there is no valid reason why they couldn't explain over the phone why you haven't had your full pay even if it's not like the above example.

As others have said, currently you haven't suffered hardship as a result of the reference but if it does somewhere along the line then there is the evidence there to use if you decide to go down that route.

Personally I would try ringing your ex employer again to ask about the wages discrepancy. Who told you to come in, was it the Wages Officer/Manager or your own personal Manager?

robatwork

First thing - your ID seems to pretty much identify you and a quick google shows you are very active around the internet. I would recommend changing your ID as your employer(s) could easily find you.

I would certainly be taking the reference further if it's untrue. The easiest one to prove is your timekeeping. Was it excellent, good, OK or poor?

If one of the latter 2 then I wouldn't bother getting involved. If good or excellent, you can prove that your timekeeping wasn't poor by getting your previous employer to produce (or obviously not produce) any disciplinary or appraisal documentation regarding this. If they won't do it from a written request then do it under the FOI act.

At the very least this should get someone more senior there to retract that reference and reissue an accurate one.

They do sound like scumbags.

Guest101

The use of the word 'poor' is subjective.


I could say being late once is poor. They didn't quantify it, and for a good reason.

[Deleted User]

OP - I'd change your username. Try googling it. You'll be surprised what you find out.

gardner1

damianjmcgrath wrote: »

Is there a correct forum for advice about a dispute with my former employer? They are acting hugely unreasonably, but I want the quickest possible solution, so I was after advice.

I handed my notice in and worked my 4 weeks. They were annoyed at me handing my notice in as they needed me, but they had treated me poorly for months so I found a better job. Today, I received my pay and it was £900 less than it should be. I phoned them, and they said "We can't discuss that over the phone, you'll have to come in and see us". I thought that was strange, but said OK, I'll come in today, and they said "we're busy today, sorry. Can you come in 2 weeks on Monday". I said no, because I need that money and they said sorry, that's the quickest we can do.

I am convinced they have underpaid me to get back at me for leaving, and are making things as difficult as possible.

In addition, I started my new job last week, and they've just received my reference. My new manager showed it to me, and it says "Timekeeping, poor. Reliability, poor. Attention to detail, poor, etc.". There's no positives on it at all. My manager said he's ignoring it, because he was 7 other employees from that company and they all left because of the way they were treated and he's received similar references in the past. However, he said that if head office do a spot check, they might look at it, and it might make my employment there difficult.

While I was working for my old company, every evaluation I had was fine and no-one raised any concerns, so again, I'm convinced they are out to get me, or make things difficult for me.

What is the best thing for me to do in this circumstance? I need my money as quickly as possible, so I haven't really got time to wait 2 weeks and follow their timescales. Can I threaten them with small claims this soon? Maybe a threat will work?

Can I sue or claim or something for reputational damage and damage to my working prospects by basically lying about me?

What options do I have?

Thanks in advance.

I always find parking a car/blocking entrance as long as it's on private road has the desired affect on the payroll department/management

agrinnall

gardner1 wrote: »

I always find parking a car/blocking entrance as long as it's on private road has the desired affect on the payroll department/management

Always? You make a habit of doing stupid things do you?