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False work reference and possible redress

edited 30 November -1 at 1:00AM in Employment, Jobseeking & Training
37 replies 3.2K views
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  • CYPERCYPER Forumite
    233 posts
    LilElvis wrote: »
    As you have referred to your friend's "current employer" three times then can we assume that she did get the job, despite the reference? In which case what redress is she actually seeking? She could contact HR at her former employment and point out that supplying factually incorrect references can have consequences and that she is putting them on notice that she may be forced to take matters further should they issue such a reference again.

    I'm guessing from the tone of your last paragraph that what she/you actually want is to get her former manager in as much trouble as possible with his employer.

    She did get the job first and the reference came more than a month after that, because the former manager either ignored or forgot to reply to the requests from the current manager.

    She strongly believes that the way the reference was written was based on the fact that she left her job in a very inconvenient time for the management + the manager expected a 1 month notice, but the written employment contract clearly says 2 weeks and so said manager had to cancel his holiday because of that. But contractual notice was given.

    My friend would just like to get a factual reference, that truly reflects her employment and doesn't really care what happens with said manager.
    I am currently her "legal" help as I have been through the whole Employment Tribunal process myself all the way to the 1st day of hearings, but would rather resolve this at HR level, than going down the same route again.
  • BoGoFBoGoF Forumite
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    For the avoidance of doubt then....is your friend still in the new job or not?
  • CYPERCYPER Forumite
    233 posts
    BoGoF wrote: »
    For the avoidance of doubt then....is your friend still in the new job or not?

    She is and will be quitting in about 1 month for personal reasons.
  • BoGoFBoGoF Forumite
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    So what redress does she want then? The reference didn't cost them the job.

    As you won't say what the reference said it's difficult to say anymore. However if it was along the lines of she resigned and left the company in the lurch, there seems an element of truth on that regardless of her 2 week notice period.
  • ExodiExodi Forumite
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    Eurgh what a waste of time.

    So ideally you'd like the ex-manager put in the stocks in the local village so passers-by can pelt them with rotten tomatoes?
    Know what you don't
  • CYPERCYPER Forumite
    233 posts
    BoGoF wrote: »
    So what redress does she want then? The reference didn't cost them the job.

    As you won't say what the reference said it's difficult to say anymore. However if it was along the lines of she resigned and left the company in the lurch, there seems an element of truth on that regardless of her 2 week notice period.

    Hence my original question: Do you need to have subsequent job opportunities negatively affected by said reference in order to have a valid claim?

    It sounds like just giving a false reference in itself is not an issue, unless you have been negatively affected by it?

    The false elements of the reference are disciplinary actions which never occurred + performance issues which were never communicated to her + other bits too.
  • CYPERCYPER Forumite
    233 posts
    Exodi wrote: »
    Eurgh what a waste of time.

    So ideally you'd like the ex-manager put in the stocks in the local village so passers-by can pelt them with rotten tomatoes?

    Why are you wasting your time in this thread then?
    If you felt forced to read it I can only apologize.
  • BoGoFBoGoF Forumite
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    I don't see any merits in ACAS or ET. Not to say there are no grounds for complaint if your friend believes they have been libelled.....would need to seek legal advice on that.

    Personally I would be contacting the former employer HR department highlighting the false information in the reference given by the manager and wanting reassurances that any future reference would be accurate otherwise you will commence legal action.
  • getmore4lessgetmore4less Forumite
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    CYPER wrote: »
    She did get the job first and the reference came more than a month after that, because the former manager either ignored or forgot to reply to the requests from the current manager.
    .......

    Why do people do this?

    If the job offer is conditional on references you wait till they have been obtained and the job offer is no longer conditional then you resign and arrange a start date.
  • CYPERCYPER Forumite
    233 posts
    BoGoF wrote: »
    I don't see any merits in ACAS or ET. Not to say there are no grounds for complaint if your friend believes they have been libelled.....would need to seek legal advice on that.

    Personally I would be contacting the former employer HR department highlighting the false information in the reference given by the manager and wanting reassurances that any future reference would be accurate otherwise you will commence legal action.

    Thank you for your opinion. I will most definitely contact HR, but I am almost certain that they will not do anything, but ignore us.
    The manager in question did not even let HR know that my friend has resigned, HR found out from me. So she was effectively still employed there a month after she left.
    The company she worked for was recently bought by a bigger company, so it's a new HR department I guess.
    Why do people do this?

    If the job offer is conditional on references you wait till they have been obtained and the job offer is no longer conditional then you resign and arrange a start date.

    I am not sure what you mean.
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