How to force a former employer to reply to a letter?

anon200

I need to write to a former employer to ask them to clarify a comment in a reference they did for me, after the comment resulted in a job offer being withdrawn. It seems likely the employer will fail to respond to my letter, since their reply may enable me to take legal action against them (which is hardly in their interest).

Is there anything I can say in the letter that will force them to respond? Will I have to get a solicitor to write to them on my behalf instead and will the solicitor be able to force them to respond? How much is such a solicitor's letter likely to cost me?

I would rather write the letter myself since using a solicitor will cost hundreds of pounds.

Ayr_Rage

Firstly, write to them yourself detailing what you are challenging in the reference.

Not much else you can do.

TELLIT01

Are you certain the comment is factually wrong?  A negative comment if accurate is perfectly permissible.  Most employers now simply provide start and finish dates unless they are specifically asked for additional information.

lincroft1710

Don't waste money on a solicitor, it is virtually impossible to force anyone to reply to a letter without resorting to extremely expensive court action. Only if the reference is untruthful is this worth pursuing

Brie

Would a Subject Access Request work?

anon200

TELLIT01 said:

Are you certain the comment is factually wrong?  A negative comment if accurate is perfectly permissible.  Most employers now simply provide start and finish dates unless they are specifically asked for additional information.

The comment was very general and I don't know to what it refers. I think it was deliberately made general by the employer to try to protect itself against legal action. Hence the reason for needing clarification.

flaneurs_lobster

What do you mean by "clarify their comment"? Either they made a comment in the reference or they didn't. 

If they have made a statement about you that is manifestly false then you might have recourse to libel laws. Are you expecting them to libel you further?

It's a very foolish or inexperienced referee who puts anything other than simple facts in a written reference for this very reason.

Other channels are often preferred. 

Ayr_Rage

anon200 said:

TELLIT01 said:

Are you certain the comment is factually wrong?  A negative comment if accurate is perfectly permissible.  Most employers now simply provide start and finish dates unless they are specifically asked for additional information.

The comment was very general and I don't know to what it refers. I think it was deliberately made general by the employer to try to protect itself against legal action. Hence the reason for needing clarification.

If you have a copy then post it here, names redacted and let the court of public opinion comment.

anon200

Ayr_Rage said:

Firstly, write to them yourself detailing what you are challenging in the reference.

Not much else you can do.

But isn't there the same issue - the employer's interest is to ignore my letter. So is there anything I can do or say that will force the employer to respond?

anon200

Ayr_Rage said:

anon200 said:

TELLIT01 said:

Are you certain the comment is factually wrong?  A negative comment if accurate is perfectly permissible.  Most employers now simply provide start and finish dates unless they are specifically asked for additional information.

The comment was very general and I don't know to what it refers. I think it was deliberately made general by the employer to try to protect itself against legal action. Hence the reason for needing clarification.

If you have a copy then post it here, names redacted and let the court of public opinion comment.

Not sure I want to post the comment on a public forum as the employer who made it might see it and recognise it. In any case, are the details of the comment relevant to my question? It was very non-specific and I would like it to be clarified, so is there a way I can make the employer provide clarification?

Ayr_Rage

anon200 said:

Ayr_Rage said:

anon200 said:

TELLIT01 said:

Are you certain the comment is factually wrong?  A negative comment if accurate is perfectly permissible.  Most employers now simply provide start and finish dates unless they are specifically asked for additional information.

The comment was very general and I don't know to what it refers. I think it was deliberately made general by the employer to try to protect itself against legal action. Hence the reason for needing clarification.

If you have a copy then post it here, names redacted and let the court of public opinion comment.

Not sure I want to post the comment on a public forum as the employer who made it might see it and recognise it. In any case, are the details of the comment relevant to my question? It was very non-specific and I would like it to be clarified, so is there a way I can make the employer provide clarification?

You can only try, ask politely, go and see HR in person if you think that could work, if you want to go the legal route don't make empty threats unless you are prepared to follow through.

If they believe the reference is fair and accurate you cannot force them to expand on their comment.