Previous employer attempted to sabotage my new job

superquark

Hi there,


Hopefully someone can give me some advice.



I recently left employment with the Co-op, where I had worked for a couple of years. Towards the end of my employment I began to suffer with some mental health issues and this culminated in me going on sick leave. These issues were being treated appropriately by my GP, and I provided all necessary paperwork and complied with a very "robust" co-op "back to work" process which involved sometimes weekly telephone interviews with their HR. My GP eventually had to request that they back off on this count, as it was adding to my stress levels and compounding my mental health issues.


Having been on sick leave for 4 months, I handed in my notice. I explained that I had ongoing issues which made the job unsuitable, and that I had found a part time apprenticeship that would be more manageable.



A couple of weeks into this new apprenticeship, my new employer received an anonymous call from someone at Co-op, telling him to ditch me, that I had cost them thousands etc etc... My understanding is that this is illegal, but I'm not sure exactly where I stand?



Since only a co-op employee would have the information regarding my history there, are they liable? Even tho I can't prove specifically who called (I am almost sure I know who it was but have no proof). What are my options? I have a wonderful new employer, who has sided firmly with me and assured me that I'm secure, but things might have been very different.


I'm not necessarily interested in pursuing it, but I would like to puta warning shot across their bows at the very least. Any advice would be very much appreciated, thankyou!

Comms69

Why is that illegal? Just curious why you think so?


No Co-op are not liable. And I suspect hundreds of people knew you were off work if you really think about it.


You cant 'put a warning shot across their bows', you have no cannon...

CIS

I'd imagine that there could be a possible breach of GDPR in there.

Dox

superquark wrote: »

A couple of weeks into this new apprenticeship, my new employer received an anonymous call from someone at Co-op, telling him to ditch me, that I had cost them thousands etc etc... My understanding is that this is illegal, but I'm not sure exactly where I stand?

How do you know they really were from the Co-op? If your new employer is ignoring the call, perhaps you should try to do likewise. That's much easier said than done, but there isn't a realistic alternative unless you can prove who made the call and that they provided personal information which should not have been provided.

superquark

Thanks for the reply.



I was under the impression that it was illegal to lie on a reference, or to give a bad reference without cause. I had no disciplinary issues during my time there, and complied completely with all their procedures.



I guess many people knew I was off, but this was someone with very specific knowledge - they were undoubtedly a co-op employee.



If an organisation can lie about and attempt to sabotage an employee without recourse, then what protection do people have against unscrupulous employers or those with a personal ax to grind?


I will look in GDPR, thankyou.

CIS

I was under the impression that it was illegal to lie on a reference, or to give a bad reference without cause. I had no disciplinary issues during my time there, and complied completely with all their procedures.

It's not illegal but a person leaves themselves open to civil action.

tacpot12

Someone who has been defamed can sue under the Defamation Act 2013. Such an action would be expensive, but might lead to compensation. You have not suffered any financial loss, and if you employer is siding with you, it is difficult to see that you have suffered any loss at all; your employer thinks no less of you.

Best thing to do is to focus on doing the best you can for your supportive employer and let your experience with the Co-op fade into history.

Comms69

superquark wrote: »

Thanks for the reply.



I was under the impression that it was illegal to lie on a reference - it's not 'illegal' it's slander or libel (spoken or written) , or to give a bad reference without cause - nope perfectly legit . I had no disciplinary issues during my time there, and complied completely with all their procedures. - that doesn't mean you didn't cost them thousands; as a factual statement you did, in terms of wages if nothing else



I guess many people knew I was off, but this was someone with very specific knowledge - they were undoubtedly a co-op employee. - Or a family member, or friend, or whatnot.



If an organisation can lie about and attempt to sabotage an employee without recourse, then what protection do people have against unscrupulous employers or those with a personal ax to grind? - Very little, unless you have £10k for a lawsuit


I will look in GDPR, thankyou.

GDPR will most likely not be useful, you don't know who it was

Gavin83

superquark wrote: »

I was under the impression that it was illegal to lie on a reference, or to give a bad reference without cause. I had no disciplinary issues during my time there, and complied completely with all their procedures.

Have they lied? I'd imagine you did cost them thousands.

You've got two major issues here:

1) Proving it was the Co-op. You can't take it further based on assumptions or coincidence, you'd need some actual evidence. It sounds like you haven't got this.

2) To take them to court you'd need to prove some sort of financial loss. As your current employer has taken no action over this information this would be pretty hard to justify.

I really can't see anything you could do other than to forget it and move on.

superquark

Thanks once again for the replies.


I may have cost them thousands, "as a factual statement". I'd prefer to say that I was a great worker prior to my illness (I was), and that they did nothing more than fulfil their legal obligations to pay SSP. That may have cost them a substantial amount, but I shouldn't be penalised for that. And I certainly don't have any compunction regarding my conduct during my illness, or the fact that I was supported by my employer as the law requires. Once I realised that a return to the role was impractical, I handed in my notice immediately. I could have cost them more had I wished.


I certainly will move on. I only found out about this today, and I'm still very angry about it. I'll calm down in due course. I'm very happy in my new role, and exceling in my training so far. Once I have processed the anger, I'll forget all about it. I'm very grateful that my employer has made made such a resounding vote of confidence in me.



Onwards and upwards. Thanks again

Comms69

superquark wrote: »

Thanks once again for the replies.


I may have cost them thousands, "as a factual statement". I'd prefer to say that I was a great worker prior to my illness (I was), and that they did nothing more than fulfil their legal obligations to pay SSP. - you may prefer that, but they aren't obliged to say that. They could simply say: 'Superquark worked here for 4 years and had 4 months off before resigning' That may have cost them a substantial amount, but I shouldn't be penalised for that. - You aren't getting it are you? And I certainly don't have any compunction regarding my conduct during my illness, or the fact that I was supported by my employer as the law requires. - the law requires very little from employers, I suspect they treated you beyond their minimal duty Once I realised that a return to the role was impractical, I handed in my notice immediately. I could have cost them more had I wished. - Irrelevant


I certainly will move on. I only found out about this today, and I'm still very angry about it. I'll calm down in due course. I'm very happy in my new role, and exceling in my training so far. Once I have processed the anger, I'll forget all about it. I'm very grateful that my employer has made made such a resounding vote of confidence in me.



Onwards and upwards. Thanks again

Best of luck in the new role