New Job delayed starting

J8319

Here is the story bare with me , My previous employment lasted 10 years and unfortunately it ended in a bit of a mess due to the employers side of miss management I had to take civil action against them but both sides agreed to depart on common ground. I stared working for a family business to tie myself over until  I got something more grounded in my field of work .So I’ve now been offered a new job and jumped through all the tedious application hoops I told the employer I would need to give my current employer a weeks notice. They said that’s fine and give me a start date due after my weeks notice to which I worked and finished on a Friday to start my new job on a Monday. I received a email that Friday afternoon at 12.50 from the company’s HR department saying that unfortunately we can’t not go ahead with your start date as your previous employer reference has not responded yet. I tried to call the HR department to get some clarification only to be by the telephone operator that all HR staff finish at 1 o’clock on a Friday and there’s no else available. Now I’m sitting here and my minds racing why give me a start date if they can’t actually start me until all checks are completed? I’m now worried as I’ve left my current job and worked my notice and potential have no income until my previous reference responds  and what if they don’t can the new employer withdraw the job offer ? 

TELLIT01

As the new job would appear to depend on suitable references the potential new employer can withdraw the job offer.  Even if references had been received, and the new employer wasn't happy with them, the job offer can be withdrawn.

J8319

I just don’t understand why they would give me a start date before carrying out the necessary checks. Surely it makes more sense to complete the checks first and come to a decision then offer the position and give an official start date ? 

So I could possibly end up with no job at all by leaving my current position for the new position offered and can’t do anything about it ? 

Ayr_Rage

Maybe they gave you a date with the expectation that the reference would be provided in a timely manner and that has not happened.

Relying on a reference from a company that you had to take action against was always going to be a little risky.

Yes, you could end up being unemployed due to no fault of your own and nobody having liability.

MattMattMattUK

The reference situation is a little odd as these day outside of a few professions, where previous employers usually just confirm the period employed, it is very rare for employers to ask for them. Remember that for the first two years they can get rid of you for any reason or no reason providing it is not legally discriminatory. 

Is there a specific reason they want a reference?

Undervalued

MattMattMattUK said:

The reference situation is a little odd as these day outside of a few professions, where previous employers usually just confirm the period employed, it is very rare for employers to ask for them. Remember that for the first two years they can get rid of you for any reason or no reason providing it is not legally discriminatory. 

Is there a specific reason they want a reference?

Exactly.

Which makes the OP's other issues somewhat moot. Unless there is an agreed contractual notice period the legal default is zero during the first month of employment then only a week for the remainder of the first two years. 

So yes, the new employer can withdraw the offer or very easily dismiss if the employment starts but they are unhappy with the reference or pretty much any other reason.

sheramber

Is the previous employer who has not respoded the family business you have just left pr the company you had the dispute with?

If it is the company, what are the chances they will give you a reference?

Undervalued

sheramber said:

Is the previous employer who has not respoded the family business you have just left pr the company you had the dispute with?

If it is the company, what are the chances they will give you a reference?

With the exception of a very few regulated occupations, an employer cannot be forced to give a reference.

Rightly or wrongly a refusal is often interpreted as having nothing good to say! However there is nothing you can do about that.

J8319

The reference waiting is from the previous employer I had the dispute with. The employer lost a major security contract that I had been involved with for 15 years. They said they would relocate me to a similar site and then basically forgot about me I had to get labour relations involved to communicate with them long story short they singed an agreement of settlement part of that agreement was they would give me a good future reference if requested. 

Undervalued

J8319 said:

The reference waiting is from the previous employer I had the dispute with. The employer lost a major security contract that I had been involved with for 15 years. They said they would relocate me to a similar site and then basically forgot about me I had to get labour relations involved to communicate with them long story short they singed an agreement of settlement part of that agreement was they would give me a good future reference if requested. 

Well if so then they are in breach of the settlement agreement and you could, in theory at least, sue them for any losses you incur as a result. If you are going down that route you need proper legal advice.

Most settlement agreements that provide for a reference have the agreed wording included either in the SA itself or as an appendix. Generally there are also clauses about keeping the agreement confidential and not elaborating on the agreed text.

Simply saying a "good" reference is very vague wording. Remember that in providing a reference the employer owes a legal duty to BOTH parties to be accurate and not deliberately misleading. 

Generally such references, however carefully worded shout "settlement agreement" to any experienced recruiter, which is not a great look, but there is only so much you can do.

lincroft1710

Depending on the size of your previous employer, the reference request may be lingering on the wrong person's desk or e-mail inbox or could be posing problems in how to accurately word it.