Lost job due to incorrect reference

globalsmh

I was recently offered a job but the offer was withdrawn due to an unsatisfactory reference. I recently got the reference information via a Subject Access Request and have discovered this reference has some wrongful information.

Is there anything I do regarding this?

spadoosh

Depends what you want out of it.

Firstly i would be contacting the company providing the reference and asking them to update their details. They are bound by law to provide accurate references. Hopefully that will stop any future issues.

As for getting the job, i would imagine theres not much you can do. In all likelihood theyve employed someone else and ultimately its not their problem.

You can take your old employer to court but id suggest being absolutely confident that youve got a good case.

globalsmh

I appreciate I'm not going to get the job now but this has caused me unnecessary hardship and financial loss I feel the reference is unacceptable and needs remedying so this doesn't happen again.

The company that wrote the reference are now not answering the phone or responding to my messages so I am looking to try and get this matter resolved satisfactorily.

Comms69

spadoosh wrote: »

Depends what you want out of it.

Firstly i would be contacting the company providing the reference and asking them to update their details. They are bound by law to provide accurate references. Hopefully that will stop any future issues.

As for getting the job, i would imagine theres not much you can do. In all likelihood theyve employed someone else and ultimately its not their problem.

You can take your old employer to court but id suggest being absolutely confident that youve got a good case.

To be clear, they aren't obliged to provide any reference at all, but I know you meant that any reference they provide must be truthful.

Comms69

globalsmh wrote: »

I appreciate I'm not going to get the job now but this has caused me unnecessary hardship and financial loss I feel the reference is unacceptable and needs remedying so this doesn't happen again.

The company that wrote the reference are now not answering the phone or responding to my messages so I am looking to try and get this matter resolved satisfactorily.

Why is it unacceptable? It must be factually wrong for you to have a case.

martinthebandit

Comms69 wrote: »

Why is it unacceptable? It must be factually wrong for you to have a case.

....... so what does the reference say and why do you believe that it is unacceptable?

globalsmh

martinthebandit wrote: »

....... so what does the reference say and why do you believe that it is unacceptable?

The reference was based on an opinion rather than a fact.

TBagpuss

As others have said, you would have to show that the reference was factually incorrect to be able to do anything. If it is an opinion or view you disagree with then I don't think that there is anything you can do

What was the nature of the information and how was is incorrect?

While I believe that it is potentially possible to sue someone for giving a reference which is provably, factually inaccurate, you would have to consider what you want to achieve.

It might, for instance, be possible to get a declaration that the information was inaccurate, but if you were aiming to claim any financial loss you would need to show a causal link between the reference and the loss. - e.g. that the inaccurate information was the direct cause for the job offer being withdrawn.

ohreally

globalsmh wrote: »

The reference was based on an opinion rather than a fact.

Was the provider asked for their opinion on any matter?

ohreally

What has gone on given the reference and the situation re phone calls and emails going silent - something has triggered this.

Comms69

globalsmh wrote: »

The reference was based on an opinion rather than a fact.

That's perfectly acceptable.


For example:


In my opinion I would not work with 'globalsmh' again. Perfectly valid.


You need to provide the ACTUAL WORDS USED, and in what way you think they were FACTUALLY wrong. Otherwise you have no case.