Ex-employer likely to give me negative and misleading reference - what are my options? 22 February at 11:39AM in Employment, jobseeking & training 38 replies 2.2K views

KatrinasWaves

Hi Goater. 

Yes, I’m aware of this. It doesn’t concern me as my evidence is strong and it’s important that I hold them accountable and make them justify their actions - even if I don’t win. 

Undervalued

Have you not posted before on here under a very similar name?

As far as I am aware the requirement to provide a reference for certain jobs in the financial sector only applies if your current employer is also in that sector. Are they? If you work, say, for a corner shop and you apply to a bank I don't think the corner shop would be legally obliged to give a reference.

If an employer does provide a reference then they have an equal duty to the employee and to the prospective employer to be truthful and not deliberately misleading. Whilst is can happen you would have an uphill struggle to show that truthful information was intended to be deliberately misleading. Withholding relevant information is also arguably misleading.

You claim that your current employer made you ill and that may well be so but it is also a difficult thing to prove. A doctor can examine you and testify about your condition but he only has your word about what you feel made you ill. For all he knows work could be fine but personal issues, which you have not divulged, are the real cause of your mental health issue. If this comes to court that is what the employer's barrister will seek to suggest.

NBLondon

KatrinasWaves said:

My ex-employer’s illegal discrimination toward me was the direct cause of my absence as it caused a severe relapse of my anxiety and a regression of my autism. 

That is your belief and your assertion.  Not yet a proven fact.

KatrinasWaves said:

Thanks CM and TBagpuss 

Should they choose to list my absences - knowing fully they were related to both disability and discriminatory treatment - and I lose a job offer, according to case law UKEAT/0137/15/LA it could be seen as unfavourable treatment which amounts to further discrimination. 

If they list the absences and stated reasons truthfully then they have an immediate defence that this is not discrimination.  You would also need to prove that the hypothetical reference was the cause of you not being offered the job, which would require the co-operation of the second employer.

You might be better of focussing on getting the second job and preparing a truthful answer if asked about absences viz. short-term medical issues which should not impact on future employment.

KatrinasWaves

Hi undervalued. 

No I haven’t? The only other time I’ve posted here was about 6-7 years ago and it was regarding a parking charge. I only created this account because I can’t remember my username for the other one I used for the parking question. 

Regarding your statement about a doctor may only have my word for it, I’m not really sure I understand why you’re saying this but I have substantial evidence of the effects their treatment had on my health - including 3x A&E visits, extensive cardiology tests including MRI due to said A&E visits all of which have been found fine and my consultant has confirmed it was anxiety related, GP appointments and notes, ex-employers own OH team documenting my anxiety which they themselves contribute to workplace issues, medications I was prescribed, emails to HR etc documenting the exacerbations of my health as a result of my ex-employer etc.

My employer cannot deny the impacts they had on my health. 

Wonka_2

KatrinasWaves said:

Regarding your statement about a doctor may only have my word for it, I’m not really sure I understand why you’re saying this but I have substantial evidence of the effects their treatment had on my health - including 3x A&E visits, extensive cardiology tests including MRI due to said A&E visits all of which have been found fine and my consultant has confirmed it was anxiety related, GP appointments and notes, ex-employers own OH team documenting my anxiety which they themselves contribute to workplace issues, medications I was prescribed, emails to HR etc documenting the exacerbations of my health as a result of my ex-employer etc.

My employer cannot deny the impacts they had on my health. 

Oh but they can easily deny the impact - and I suspect they will. The only glimmer of hope is your assertion that the OH dept documented the contribution but the wording here will be key. If the ex-employer considered the OH view supportive of your case it's unlikely they would be defending.

For someone as litigant in person and who's quoting advice from Irwin Mitchell I'd be seriously considering how strong your case actually is and your chance of success. Presumably you've already left and the chance for a compromise agreement with an agreed reference is long past ??

Undervalued

KatrinasWaves said:

Hi undervalued. 

No I haven’t? The only other time I’ve posted here was about 6-7 years ago and it was regarding a parking charge. I only created this account because I can’t remember my username for the other one I used for the parking question. 

Regarding your statement about a doctor may only have my word for it, I’m not really sure I understand why you’re saying this but I have substantial evidence of the effects their treatment had on my health - including 3x A&E visits, extensive cardiology tests including MRI due to said A&E visits all of which have been found fine and my consultant has confirmed it was anxiety related, GP appointments and notes, ex-employers own OH team documenting my anxiety which they themselves contribute to workplace issues, medications I was prescribed, emails to HR etc documenting the exacerbations of my health as a result of my ex-employer etc.

My employer cannot deny the impacts they had on my health. 

They almost certainly will I'm afraid.

None of what you say here proves the employer caused it. I am not for a moment suggesting they weren't the cause but don't underestimate how difficult this will be if they fight all the way.

What I'm saying is that the doctors witnessed your condition, they didn't witness what happened at work.

KatrinasWaves

Hi Wonka_2

I’m a bit confused why the focus on this thread is regarding the strength of my tribunal against my ex-employer. This is irrelevant and was given for background context. 

My concern is how to handle a reference. I’m just looking for advice on whether I should be seeking to liaise with my ex-employer before hand, or waiting to see if a new employer questions me regarding it. 

sheramber

Undervalued said:

Have you not posted before on here under a very similar name?

You are thinking of KatrinaWaves who was banned.  Such a similar name.

TELLIT01

If the former employer simply states start and end dates, along with job title, but adds that the employee was absent due to illness for x months in the past 12 months, they are not providing a misleading reference.  It would be entirely accurate.  If the prospective employer has approached the OP, now is the time to explain to them that reason for the absence was work related.  How they then choose to proceed is up to them.

KatrinasWaves

Hi undervalued, 

Yes, I’m very aware. I’ve read their ET3, their list of issues, and heard their concerns in the PH. I’m not ignorant to what they will do. 

I’m really just looking for advice on the reference issue and what my options are - not how likely said options are to be successful. 

When I went for my PIP tribunal after 4 years of waiting, everyone, including the welfare rights advisor very strongly told me my evidence was weak and I wouldn’t win. It terrified me and I nearly backed out because everyone just wanted to dismiss my own knowledge and understanding. 

Not only did I win my case with ease, I received a higher award than when I was on DLA. 

I’m not applying my PIP tribunal to my employment one but I’m saying that only I know my case and evidence here so no one can comment and if I listened to people who were being negative the last time I had a big battle to win, I’d never have got what I was entitled to. 

I don’t articulate well, but that doesn’t mean I don’t understand.