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

Wonka_2

KatrinasWaves said:

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. 

OK - to bring back to topic - in your situation I'd be taking the risk with what they provide and ensuring your contact with potential new employer reflects the worst case scenario of what they might write

In my opinion any contact with ex-employer looking to manage the reference they may give is likely to end badly

Can't see that you've answered whether the roles are in the same industry but be aware that references are not always in writing - especially when people know each other and conversations happen

KatrinasWaves

Thanks Wonka. 

That was helpful, I appreciate it. 

Oops, sorry I missed that. They’re in different industries - Ex-employer was a health/care agency. 

Undervalued

KatrinasWaves said:

Thanks Wonka. 

That was helpful, I appreciate it. 

Oops, sorry I missed that. They’re in different industries - Ex-employer was a health/care agency. 

Then as far as I am aware (not 100% certain) they are not obliged to provide a reference to a prospective employer in the financial sector. If so, they could simply refuse or ignore any request which is not a good look.

I would be very careful about trying to dictate what they can and cannot say. Broadly they can say anything that is true and not intended to mislead. If you are going to approach them I would do it via your solicitor

KatrinasWaves

I haven’t got a solicitor, I’m a litigant in person. I can’t afford one sadly. It’s them who’ve got a solicitor hence all my questions. I’m just trying to get some knowledge prepared in case this goes badly so I can understand what my possible options are. 

KatrinasWaves

Thanks Sheramba - I’m not that other poster. My name was made up at random to sign up on here. It’s a reference to my mum (her middle name) and the Waves is just because of the band. I’m sure the mods will have a way to confirm this if to posters if there’s any doubt? 

KatrinasWaves

Thanks Undervalued. 

Yes I imagine no reference would probably be worse than a negative one because it would just be my word for it when asked. 

Would you have any advice regarding how to handle a potential non-reference? I do have a couple of irrelevant (cleaning) roles that I did part time 5+ years ago - could I offer those to my employer to try and show an otherwise good attendance history? My other main reference was from a different bank and my attendance there was good so I can rely on that one at least but I’m not sure if the cleaning roles would be a good alternative if my ex-employer won’t give a reference? 

Wonka_2

KatrinasWaves said:

Would you have any advice regarding how to handle a potential non-reference? I do have a couple of irrelevant (cleaning) roles that I did part time 5+ years ago - could I offer those to my employer to try and show an otherwise good attendance history? My other main reference was from a different bank and my attendance there was good so I can rely on that one at least but I’m not sure if the cleaning roles would be a good alternative if my ex-employer won’t give a reference? 

Given you're moving into an area where references are the norm, and necessary the chances are they're going to push for one from the most recent employer - particularly if it was for a reasonable period of time (and I can't see you've mentioned how long you were there)

I'm sure others will have experience of the specific industry and how they approach non-response to reference requests but I can't see them accepting a cleaning job from years ago as a suitable replacement for the last role.

I'm in a different industry but have been subject to repeated requests for references to our HR dept - even getting to the point of follow-up phone calls direct to me as previous line-manager (which are just diverted back to HR)

KatrinasWaves

Thanks Wonka. 

Yeah I imagine they’d want my most recent employer (I was there a year) and a cleaning reference wouldn’t suffice (hence why I mentioned in my original post that I only have one other reference). 

I imagine no reference will likely result in an offer being rescinded. 

I just have no idea how I’m going to get another job if my ex-employers reference causes an issue. 

elsien

I am in an industry that wants references due to working with vulnerable adults. I only had one case where a referee went silent on me - they’d given just dates but I was following up for more detail, 
In retrospect it was because the employee was very difficult to manage, and they preferred to avoid having that conversation.
Just putting that out there, because if that basic reference isn’t the norm (and it tends not to be in care) then in the absence of any other information people may make their own assumptions.
I’m not saying that is the case for you, but you do need to have it in your radar. 

Undervalued

KatrinasWaves said:

Thanks Wonka. 

Yeah I imagine they’d want my most recent employer (I was there a year) and a cleaning reference wouldn’t suffice (hence why I mentioned in my original post that I only have one other reference). 

I imagine no reference will likely result in an offer being rescinded. 

I just have no idea how I’m going to get another job if my ex-employers reference causes an issue. 

Most likely I'm afraid, unless I am wrong and there is a legal obligation to provide one in these particular circumstances.

Assuming I am correct and they simply ignore any reference request, that is completely unactionable.