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Ex-employer likely to give me negative and misleading reference - what are my options?
in Employment, jobseeking & training
38 replies 2.2K views
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Frankly I can't see what the problem is just tell the truth and say it like it is.
If it was me I would probably phone them and explain the situation, however I have never been in this situation so I have no idea if that would be good or bad
I have read this thread a couple of times and it's mostly off topic and no real help to your question
You are being ask to work for them on the strength of the CV they have from you before you took your last job not the one you are going to produce
Wing it and hope for the best you have nothing to lose
I won't wish you luck you don't need any
I'm not sure if you're aware, but if your former employer was to provide a reference which is likely to 'damage' your chances of getting the new role, this could be seen as victimisation and could be put to The Tribunal as a new claim.
A reference is only potentially actionable if it is false or deliberately misleading. The idea that an employer can't give a "bad" reference is a complete myth. In giving a reference an employer has an equal duty to both the employee and the potential new employer to be completely accurate.
The employee would have to take action either for libel (which would have to be in the high court and potentially ruinously expensive if they were to lose) or alternatively sue for negligent misstatement (which could be in the county court with somewhat lower risk but still potentially liable for significant costs). Such a claim cannot be brought in an employment tribunal.