False work reference and possible redress
Comments
-
There has been no financial loss, and the reference didn't affect the outcome of the job application. On that basis I can't see that ACAS or any other legal body will be interested in what is really a fairly minor squabble between a company and a former employee.
Is it possible that the concern is that the 'friend' doesn't want to use their apparently very short term new employer for future references and is worried about another negative reference from the former employer?0 -
You say she and her, then you say 'we', then you say 'I'
What an absolute waste of time.
Does she know you are plastering her personal info all over the internst.
Lastly , you cant be much of a 'legal' eagle if you have to come on here and ask basic common sense questions.make the most of it, we are only here for the weekend.
and we will never, ever return.0 -
Is it possible that the concern is that the 'friend' doesn't want to use their apparently very short term new employer for future references and is worried about another negative reference from the former employer?
Yes that is the concern, because it is very likely to happen again.0 -
You say she and her, then you say 'we', then you say 'I'
What an absolute waste of time.
Does she know you are plastering her personal info all over the internst.
Lastly , you cant be much of a 'legal' eagle if you have to come on here and ask basic common sense questions.
Were you forced to waste your own time by reading this topic or was this a conscious decision of yours?0 -
Get your friend to submit a request to them under GDPR requesting all information they hold on them.0
-
Yes that is the concern, because it is very likely to happen again.
Why would it happen again if 1) HR are made aware of the reference that their employee supplied, presumably without their knowledge or agreement 2) the company has a new HR department with no interest in creating a vendetta against a former employee. Why would HR create a headache for themselves over an insignificant former employee? It would make no sense. It won't happen.0 -
Why would it happen again if 1) HR are made aware of the reference that their employee supplied, presumably without their knowledge or agreement 2) the company has a new HR department with no interest in creating a vendetta against a former employee. Why would HR create a headache for themselves over an insignificant former employee? It would make no sense. It won't happen.
Now that you put it this way it makes sense. But then again if a future employer needs a reference my friend should give the HR email address, who will most probably provide a short one just confirming dates and other factual information.
Hopefully HR sees what the manager has done and do something about it, because it is unfair.0 -
Hence my original question: Do you need to have subsequent job opportunities negatively affected by said reference in order to have a valid claim?
It sounds like just giving a false reference in itself is not an issue, unless you have been negatively affected by it?
The false elements of the reference are disciplinary actions which never occurred + performance issues which were never communicated to her + other bits too.
In answer to your second question yes, in reality you need to have been negatively affected by the false reference to do anything about it. It doesn't sound like it's been the case here, although if it's an issue in the future you can of course revisit it.
Just be careful here. You won't win a case based on performance issues being mentioned regardless of them communicating this, it's a subjective comment. If they've said she was subject to disciplinary procedures when she wasn't you might have more of a case.
Was the disciplinary action in any way related to the notice issues you mentioned and therefore conducted once she left? If so that may well muddy the waters somewhat.0 -
In answer to your second question yes, in reality you need to have been negatively affected by the false reference to do anything about it. It doesn't sound like it's been the case here, although if it's an issue in the future you can of course revisit it.
Just be careful here. You won't win a case based on performance issues being mentioned regardless of them communicating this, it's a subjective comment. If they've said she was subject to disciplinary procedures when she wasn't you might have more of a case.
Was the disciplinary action in any way related to the notice issues you mentioned and therefore conducted once she left? If so that may well muddy the waters somewhat.
No, the term disciplinary was just mentioned on the reference for the first time and was later confirmed by the manager who gave the reference that it was in relation to something that happened in the past. But the employee was never told/explained at that moment in time it was part of disciplinary action.0
This discussion has been closed.
Categories
- All Categories
- 343.1K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.6K Spending & Discounts
- 235.2K Work, Benefits & Business
- 607.8K Mortgages, Homes & Bills
- 173K Life & Family
- 247.8K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards