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

MikeJXE

I’ve this week been headhunted by a company I previously interviewed with and was offered a role (which I declined for my ex-employers role). 

This new company has kept hold of my CV and they’ve emailed saying I’d be a good fit for a £30k per annum role and invited me to apply with an updated CV  - this is a substantial offer as I’ve only ever worked £17-19k salary ranges.

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 

KatrinasWaves

Thank you Mike. 

I really appreciate this reply. I wasn’t expecting the challenges over  the strength of my tribunal and it did shake me a little so I really needed this support. 

I’ve decided to just let my ex-employer do whatever they choose with the reference. I’ll email the guy who headhunted me and ask if I can call him to discuss and see what happens. I think this may be the best way forward as at least they can see I’m honest straight away and won’t receive a nasty shock when/if they get my reference. 

I have a very strong chance at this role as my previous role before the care one was in banking and I have years of experience and all relevant training, knowledge and skills. They contacted me for a reason so I’m just going to cross my fingers and hope my CV, experience, and skills are enough to overcome a dodgy/no reference. 

You’ve been really helpful, thank you so much. 

MikeJXE

Well done you, go for it and be confident

I won't wish you luck you don't need any 

Project_Save

KatrinasWaves said:

Thank you Mike. 

I really appreciate this reply. I wasn’t expecting the challenges over  the strength of my tribunal and it did shake me a little so I really needed this support. 

I’ve decided to just let my ex-employer do whatever they choose with the reference. I’ll email the guy who headhunted me and ask if I can call him to discuss and see what happens. I think this may be the best way forward as at least they can see I’m honest straight away and won’t receive a nasty shock when/if they get my reference. 

I have a very strong chance at this role as my previous role before the care one was in banking and I have years of experience and all relevant training, knowledge and skills. They contacted me for a reason so I’m just going to cross my fingers and hope my CV, experience, and skills are enough to overcome a dodgy/no reference. 

You’ve been really helpful, thank you so much. 

Hi 
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.

General_Grant

Project_Save said:

KatrinasWaves said:

Thank you Mike. 

I really appreciate this reply. I wasn’t expecting the challenges over  the strength of my tribunal and it did shake me a little so I really needed this support. 

I’ve decided to just let my ex-employer do whatever they choose with the reference. I’ll email the guy who headhunted me and ask if I can call him to discuss and see what happens. I think this may be the best way forward as at least they can see I’m honest straight away and won’t receive a nasty shock when/if they get my reference. 

I have a very strong chance at this role as my previous role before the care one was in banking and I have years of experience and all relevant training, knowledge and skills. They contacted me for a reason so I’m just going to cross my fingers and hope my CV, experience, and skills are enough to overcome a dodgy/no reference. 

You’ve been really helpful, thank you so much. 

Hi 
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.

Would an employment tribunal really see a factual reference which doesn't mislead as victimisation?

Undervalued

Project_Save said:

KatrinasWaves said:

Thank you Mike. 

I really appreciate this reply. I wasn’t expecting the challenges over  the strength of my tribunal and it did shake me a little so I really needed this support. 

I’ve decided to just let my ex-employer do whatever they choose with the reference. I’ll email the guy who headhunted me and ask if I can call him to discuss and see what happens. I think this may be the best way forward as at least they can see I’m honest straight away and won’t receive a nasty shock when/if they get my reference. 

I have a very strong chance at this role as my previous role before the care one was in banking and I have years of experience and all relevant training, knowledge and skills. They contacted me for a reason so I’m just going to cross my fingers and hope my CV, experience, and skills are enough to overcome a dodgy/no reference. 

You’ve been really helpful, thank you so much. 

Hi 
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.

This post is wrong on nearly every level!

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. 

Project_Save

Let me clarify. I was not referring to an employer just giving a "bad reference," I was pointing out that it definitely could be classed as victimisation in a Tribunal if the contents of the reference were written in bad faith, simply because the Claimant had previously raised concerns of Discrimination 

JCS1

Project_Save said:

Let me clarify. I was not referring to an employer just giving a "bad reference," I was pointing out that it definitely could be classed as victimisation in a Tribunal if the contents of the reference were written in bad faith, simply because the Claimant had previously raised concerns of Discrimination 

Definitely?