New employer and previous sick

PinkCashmere

sangie595 wrote: »

I'm sort of confused - you have a bad sickness record with your last employer due to stress and bullying. And a similarly poor sickness record with the employer before that? What has a reference from three years ago got to do with anything?

No I was with last employer (BU) for 3 years and the previous employer (RC) for 5. BU requested a reference from RC 3 years ago when I was offered the job and requested sick leave for the last 2 years at RC. I only had 5 instances of sick at RC however when providing the reference to BU they provided incorrect reasons for sick leave - attributing ailments I have never had in my life, nor ever claimed to have had. I mentioned it because I'd only recently discovered this after making a data request a few months ago and was shocked that it's perfectly ok for my former employer to provide reasons for absences without my permission- or for an employer to ask the referee.

To the other person who said it would be difficult to prove the bullying etc. it would not, not in my case. I do not want to go into detail on a public forum nor relive it but I had a very strong case with substantial evidence. Did not go to tribunal because I couldn't afford it, the situation made me depressed (and even suicidal at one point) so I was not fit to and the end result would've involved a gagging order and there is no way I would ever agree to stay quiet after what was done to me.

Guest101

PinkCashmere wrote: »

No I was with last employer (BU) for 3 years and the previous employer (RC) for 5. BU requested a reference from RC 3 years ago when I was offered the job and requested sick leave for the last 2 years at RC. I only had 5 instances of sick at RC however when providing the reference to BU they provided incorrect reasons for sick leave - attributing ailments I have never had in my life, nor ever claimed to have had. I mentioned it because I'd only recently discovered this after making a data request a few months ago and was shocked that it's perfectly ok for my former employer to provide reasons for absences without my permission- or for an employer to ask the referee.

To the other person who said it would be difficult to prove the bullying etc. it would not, not in my case. I do not want to go into detail on a public forum nor relive it but I had a very strong case with substantial evidence. Did not go to tribunal because I couldn't afford it, the situation made me depressed (and even suicidal at one point) so I was not fit to and the end result would've involved a gagging order and there is no way I would ever agree to stay quiet after what was done to me.

But you are staying quiet about it, right now.


Anyway it's perfectly legal to ask for reasons.

PinkCashmere

Guest101 wrote: »

But you are staying quiet about it, right now.


Anyway it's perfectly legal to ask for reasons.

Quiet now because as I said I'm on a public forum.

Undervalued

PinkCashmere wrote: »

To the other person who said it would be difficult to prove the bullying etc. it would not, not in my case. I do not want to go into detail on a public forum nor relive it but I had a very strong case with substantial evidence. Did not go to tribunal because I couldn't afford it, the situation made me depressed (and even suicidal at one point) so I was not fit to and the end result would've involved a gagging order and there is no way I would ever agree to stay quiet after what was done to me.

Not had you gone to a tribunal and won. That would only have been the case had you been offered and chose to accept an agreed settlement which included a confidentiality agreement.

Obviously I do not know the details of your case but generally bullying etc is very hard indeed to prove if the employer chooses to fight it all they way. Sometimes a settlement can be reached because the employer doesn't want it in the public domain.

Regardless of all this you are sadly still in a situation where you have what most employers would view as a very poor sick record.

Also you have no control over what information you former employer provides by way of a reference shot of suing them if it is provably untrue or deliberately misleading. That too would be a risky and potentially very costly exercise.

Undervalued

PinkCashmere wrote: »

No I was with last employer (BU) for 3 years and the previous employer (RC) for 5. BU requested a reference from RC 3 years ago when I was offered the job and requested sick leave for the last 2 years at RC. I only had 5 instances of sick at RC however when providing the reference to BU they provided incorrect reasons for sick leave - attributing ailments I have never had in my life, nor ever claimed to have had. I mentioned it because I'd only recently discovered this after making a data request a few months ago and was shocked that it's perfectly ok for my former employer to provide reasons for absences without my permission- or for an employer to ask the referee.

Yes it is.

As I said, your only recourse against them is if they have said anything that is provably untrue.

The problem is that if you challenge or threaten them they will almost certainly refuse any future reference request. That is generally interpreted as having nothing good to say and there is nothing whatever you can do about that.

Guest101

PinkCashmere wrote: »

Quiet now because as I said I'm on a public forum.

But that's what a gagging clause is there to prevent: you talking publically about the situation...!!!

PinkCashmere

Guest101 wrote: »

But that's what a gagging clause is there to prevent: you talking publically about the situation...!!!

Trying to goad me into talking about it? You think you're so smart and clever. Read the post again about how it's affected me. This is a very recent situation, I think I'm doing totally fine then even just mentioning it as I've done here reduces me to tears again. It is too fresh for me to discuss in public especially as I am UNEMPLOYED as a result and clearly unlikely to get a job any time soon with last employer as reference. I do not wish to do anything to mess that up further because my last employer is very well known.

PinkCashmere

Undervalued wrote: »

Yes it is.

As I said, your only recourse against them is if they have said anything that is provably untrue.

The problem is that if you challenge or threaten them they will almost certainly refuse any future reference request. That is generally interpreted as having nothing good to say and there is nothing whatever you can do about that.

Thanks I get it, I was just clarifying for the confused poster not asking the question again. I have no desire to do anything about the employer from 3 years ago making up reasons for my sick since I still got the job I'd applied for was just simply mentioning it as I did not know they could just give reasons & have only recently discovered this had happened.

Tiddlywinks

PinkCashmere wrote: »

To the other person who said it would be difficult to prove the bullying etc. it would not, not in my case. I do not want to go into detail on a public forum nor relive it but I had a very strong case with substantial evidence. Did not go to tribunal because I couldn't afford it, the situation made me depressed (and even suicidal at one point) so I was not fit to and the end result would've involved a gagging order and there is no way I would ever agree to stay quiet after what was done to me.

Sadly, if the evidence you have has not been substantiated or endorsed by an independent arbiter then it just becomes a "he said, she said...." scenario.

What was the official reason for the end of employment? Resignation? Capability process?

I completely understand how destructive workplace bullying can be but, unfortunately, proving something after the event (and where no formal grievance action was taken) is very difficult.

I hope you get good news about the job soon.

TELLIT01

Only referring to the point about potential new employer being able to obtain details of you sick absence from the previous employer without your permission - it's likely that this was covered, even if you didn't realise it, by your application for the job and provision of references.