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Lost job due to incorrect reference
Comments
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Unless the OP is willing to provide detail of the 'opinion' expressed by the company providing the reference it's impossible to say whether they might have a case, unlikely though that is.0
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The problem with the Law - and I mean any subject, and I would class myself as an 'employment specialist' is that opinions in the field can differ. How one individual would see an issue can be different to how another sees it.
So, when one of the posters on here identifies themselves as a specialist, why not believe them? I do. Once you get to the point of arguing the toss, both specialists will come at the same argument from another perspective. And both will believe themselves to be correct, which is why we have Judges or Tribunal chairs to be the final arbiter.
There are reasons there are court cases. There are reasons there are Solicitors and Barristers and Judges. Because one size does not fit all.
In your case, ask an opinion, take a judgement on the advice and then go and pay for your own legal counsel who will argue your side. But as already said, you will struggle because references only have to be factually correct, in the eyes of the person giving the reference.
Pointless getting upset because you don't like what is being said for free.Still striving to be mortgage free before I get to a point I can't enjoy it.
Owed at the end of -
02/19 - £78,400. 04/19 - £85,000. 05/19 - £83,300. 06/19 - £78,900.
07/19 - £77,500. 08/19 - £76,000.0 -
It is quite strange as OP has had an offer withdrawn in August 2016 as well!
Oh..... and in November 2014!
This is a weird insight (Aug 2013) into OP working for FSA regulated companies despite having an IVA... I don't know the first thing about that, but OP does seem to imply that what they were doing was slightly dishonest in that they failed to disclose important information which could jepordise their job.
That's my take on it anyways
So yep, nice little insight right there. OP has been given a poor reference no less than 3 times, is now applying for "customer service work" which seems odd wording considering they were, at some point in time, working for an FSA regulated company (despite having an IVA).
If the most obvious possibility is the truth then OP has little to no recourse.
THAT BEING SAID, I do sympathise with OP if they are trying to "turn over a new leaf". If I'm on the right track RE: getting sacked for having an IVA and not disclosing it to your FSA-regulated company then you 1000% deserve the reference you are getting, BUT you also deserve another shot. Maybe do some voluntary work (as karma) and get a solid reference from them?0 -
It doesn't matter how much expertise you or I believe I have in employment law - you won't get an answer based on the scant information you've provided.Union official.
CiPD qualified.
Anything I post is solely MY OPINION. It never constitutes legal, financial or collective bargaining advice. I may tell you based on information given how I might approach an employment dispute case, but you should always seek advice from your own Union representative. If you don't have one, get one!0 -
As always I would recommend going to the CAB, it would be worth thinking about what you want from the process. Many people want a copy of any references the company are going to send in future so you can see what your potential employer is seeing, or are you looking for a payment? If so you would have to prove how you are worse off now than you were, I presume you didn't start the job so therefore any lost income cannot be considered.0
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You have no rights to see a copy of any reference that your company sends to your new employer, however you can ask your new employer.
It doesn't really help because the new employer has already seen it at that point.
https://www.gov.uk/work-reference0 -
unforeseen wrote: »You have no rights to see a copy of any reference that your company sends to your new employer, however you can ask your new employer.
It doesn't really help because the new employer has already seen it at that point.
https://www.gov.uk/work-reference
You do through a subject access request.
Sent from iPhoneDon’t be a can’t, be a can.0 -
You do through a subject access request.
Sent from iPhone
Not to the old employer. This has been covered before on this zite
Under sch.7 to the Data Protection Act 1998, if an employer provides a confidential employment reference about an employee or ex-employee to a prospective new employer, the employer is permitted to refuse to disclose that reference to the employee if he or she requests to see it0
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