Giving a bad reference during litigation

keswick21

Background: Public sector job since 1998. Registered disabled.  (Heart and mobility issues). Perfect work record until 2017. New ceo arrives. Says he will slim down staff!🧐 to save money.  (Have this in writing) I was targeted.  Took awful abuse. So much so that had heart attack in office.  Was awarded industrial injuries disablement benefit for 2 of the incidents . 45% award for life- for both physical and mental impacts.
Anyway was a year out sick. Looked for transfer. Refused. Went back to work in  January 2020 and bullying ratcheted up no end. Cardiologist advised me to step back. I stayed till May 2022 and then got sick again. Took sick leave.
In July 2023 decided to take career break.
I also instructed legal team who are working fir me for free. They've paid over 6000 on specialist and pension reports. They are putting a case for discrimination harassment and other stuff against my current (on paper) employer. I haven't been in the office since May 2022.
Currently  my health is okish. I need to work for my mental health.  I'm only 54. I have mobility problems but My work is highly specialised and desk based. 
I've received over 40 refusals to job applications.
Finally,  I got an offer from another government department last month.
The litigation against my old department is ongoing (it concerns the stuff in iidb and more). In the reference given to the new department,  my old manager said my work was excellent.  But hr wrote on the same page that my attendance was unsatisfactory due to the number of absences.  They sent the new department a four year print out of sick leave, each absence just marked "stress". There's no reference to my heart condition despite my gp putting this on every medical cert (exasperation of coronary problems due to workplace stress".
Also the oh doctor is used by both departments. 
He says I'm fit for the new job.
But now the new department are going back to oh doctor and seeking an updated report? I disclosed my disability when applying for this new job.
I don't know what to do. I need the job. Financially. I'm 54. And although I've health problems I can work. 
If my old employer is sending this reference to everyone what can I do?
The legal case could take years. I'm finding this difficult. 
I've asked the new department do they need anything else.
I've given the oh doctor all details of my iidb stuff,  my litigation etc.
I'm at the end of my tether.

Undervalued

keswick21 said:

Background: Public sector job since 1998. Registered disabled.  (Heart and mobility issues). Perfect work record until 2017. New ceo arrives. Says he will slim down staff!🧐 to save money.  (Have this in writing) I was targeted.  Took awful abuse. So much so that had heart attack in office.  Was awarded industrial injuries disablement benefit for 2 of the incidents . 45% award for life- for both physical and mental impacts.
Anyway was a year out sick. Looked for transfer. Refused. Went back to work in  January 2020 and bullying ratcheted up no end. Cardiologist advised me to step back. I stayed till May 2022 and then got sick again. Took sick leave.
In July 2023 decided to take career break.
I also instructed legal team who are working fir me for free. They've paid over 6000 on specialist and pension reports. They are putting a case for discrimination harassment and other stuff against my current (on paper) employer. I haven't been in the office since May 2022.
Currently  my health is okish. I need to work for my mental health.  I'm only 54. I have mobility problems but My work is highly specialised and desk based. 
I've received over 40 refusals to job applications.
Finally,  I got an offer from another government department last month.
The litigation against my old department is ongoing (it concerns the stuff in iidb and more). In the reference given to the new department,  my old manager said my work was excellent.  But hr wrote on the same page that my attendance was unsatisfactory due to the number of absences.  They sent the new department a four year print out of sick leave, each absence just marked "stress". There's no reference to my heart condition despite my gp putting this on every medical cert (exasperation of coronary problems due to workplace stress".
Also the oh doctor is used by both departments. 
He says I'm fit for the new job.
But now the new department are going back to oh doctor and seeking an updated report? I disclosed my disability when applying for this new job.
I don't know what to do. I need the job. Financially. I'm 54. And although I've health problems I can work. 
If my old employer is sending this reference to everyone what can I do?
The legal case could take years. I'm finding this difficult. 
I've asked the new department do they need anything else.
I've given the oh doctor all details of my iidb stuff,  my litigation etc.
I'm at the end of my tether.

In providing a reference an employer owes an equal duty to both the employee and the new prospective employer to be truthful and not deliberately misleading.

Saying something that is true is not a "bad" reference just because you would rather some things were excluded.

If they have said something that is not true, or is intended to mislead that is another matter. If that is the case then I would suggest asking the "legal team" you have instructed.

lincroft1710

keswick21 said:

 In the reference given to the new department,  my old manager said my work was excellent.  But hr wrote on the same page that my attendance was unsatisfactory due to the number of absences.  They sent the new department a four year print out of sick leave, each absence just marked "stress". There's no reference to my heart condition despite my gp putting this on every medical cert (exasperation of coronary problems due to workplace stress".
Also the oh doctor is used by both departments. 
He says I'm fit for the new job.
But now the new department are going back to oh doctor and seeking an updated report? I disclosed my disability when applying for this new job.
I don't know what to do. I need the job. Financially. I'm 54. And although I've health problems I can work. 
If my old employer is sending this reference to everyone what can I do?
The legal case could take years. I'm finding this difficult. 
I've asked the new department do they need anything else.
I've given the oh doctor all details of my iidb stuff,  my litigation etc.
I'm at the end of my tether.

Doesn't seem untruthful given what you have posted and references should be truthful.

Being in litigation with an existing/previous employer will often send out warning signals to a prospective new employer.

Please, please do not take this the wrong way but if I was your prospective employer and received that reference and was aware of your impending litigation, you would not be my preferred candidate.


Even if you are the innocent party, starting litigation can sometimes have unexpected and potentially disastrous consequences

keswick21

I am at my wits end. I just want to work. I'm currently volunteering with a charity. My former manager is still good friends with me and gave me this opportunity.  I'm grateful for this. The plan was to work here and get a good reference. But its this 4 year rule that's causing problems.  Is there any way round this? 

Marcon

keswick21 said:

I also instructed legal team who are working fir me for free. They've paid over 6000 on specialist and pension reports. They are putting a case for discrimination harassment and other stuff against my current (on paper) employer. I haven't been in the office since May 2022.


But now the new department are going back to oh doctor and seeking an updated report? I disclosed my disability when applying for this new job.

Why are they working for free (and from the sound of it have paid £6K for the reports)? This doesn't sound like a normal no win/no fee arrangement.

If the doctor thinks you are fit to work, why are you worried about an updated report being provided?

If you are in a public sector job, presumably you are also in a public sector pension arrangement. Have you investigated ill health early retirement?

elsien

I think the other thing that you need to consider is that whether the absence was due to stress, your heart condition or a combination of the two,  any new employer is going to look at the time that you’ve had off. Be concerned, that may be a pattern that repeats in the future.
Which is not an unreasonable position for them to take and why an occupational health report on your current state of health is going to be particularly valuable to you.

keswick21

Thanks for all the input.
I did apply for early retirement a year ago but was refused. Appealed and was refused. Then took the career break. The oh report that states I'm now  fit to do the new job delighted me! But that report issued over 6 weeks ago and the new department are saying they want it updated. They won't tell me why. I've asked. 
New department hasn't asked anything about my sick leave record. But they did let me know they had the 4 year report: in fact they sent me a copy and a copy of the reference that said my attendance was unsatisfactory. 
I would love to get back to work. I've tracked down 3 of my old managers who are all willing to give me references in a personal capacity. I've got mobility aid now and medication issues are resolved. Just frustrating 😤 

prettyandfluffy

keswick21 said:

Currently  my health is okish. I need to work for my mental health.  I'm only 54. I have mobility problems but My work is highly specialised and desk based.

I just wanted to pick up on this as I myself went from working very full-time to not working at all for health reasons, the mental adjustment was very hard.  I wonder if you need to give yourself some space to recover properly physically and mentally, it may be that a change of career would be beneficial.  What do your specialists think about your return to a similar role?

keswick21

My specialists (2) expressed shock at the way I was being treated and advised me to leave my old employer.  They've been very supportive.  Re: this new job both have said its worth giving it a shot. Both specialists know me for a long time and understand my need to work. One of them suggested I review the situation with him in 3 months time and I've committed to this. (If I get the job!) We've also agreed that if certain medical issues go out of kilter,I will just resign. 
I gave the new department oh permission to contact my gp and specialists.  Oddly, he never did contact them. 
It's all such a worry. I love my career and don't want to change, especially at 54!

Zaxb

Marcon said:

If the doctor thinks you are fit to work, why are you worried about an updated report being provided?

If you are in a public sector job, presumably you are also in a public sector pension arrangement. Have you investigated ill health early retirement?

I could be mistaken but I think the law may have been changed meaning that (public sector) employers cannot agree to an ill-health retiral unless there is supporting (medical) evidence that the individual will be unable to work (through capacity) for at least two years from date of retiral.

If the doctor and OH have given a clean bill on being fit for work then that would seem to rule out that option.

elsien

I’m surprised your specialists specifically. advised you to leave – that would normally be outside the remit of a medical professional. They normally tend to something more vague, such as asking you to consider the impact of the various stresses of your health, without recommending very specific courses of action.