False work reference and possible redress
CYPER
Posts: 238 Forumite
Hi all,
A friend of mine received a reference, which contains false information, so it is not a true, accurate and fair reflection of her employment.
I have 2 questions:
1 - Is ACAS>Employment Tribunal the right way for redress?
2 - Do you need to have subsequent job opportunities negativelly affected by said reference in order to have a valid claim?
Thank you.
A friend of mine received a reference, which contains false information, so it is not a true, accurate and fair reflection of her employment.
I have 2 questions:
1 - Is ACAS>Employment Tribunal the right way for redress?
2 - Do you need to have subsequent job opportunities negativelly affected by said reference in order to have a valid claim?
Thank you.
0
Comments
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Hi all,
A friend of mine received a reference, which contains false information, so it is not a true, accurate and fair reflection of her employment.
I have 2 questions:
1 - Is ACAS>Employment Tribunal the right way for redress?
2 - Do you need to have subsequent job opportunities negativelly affected by said reference in order to have a valid claim?
Thank you.
In what way is the reference "false"? Some aspects of a reference can be entirely subjective.0 -
Let me know when you work it out.
A company who will have had nearly 10 years history didn't even do me the decency of explaining - meant to start work today but found myself walking around my home town with no idea what is going on. No reasoning p!/ss all so I can only be jealous of people who get answers.
#Who can I sue.0 -
If the facts are wrong (e.g. dates of employment), then why doesn't she just correct it by contacting her (presumably former) employer?
Even if the issues aren't factual, she should start by contacting the employer - but if they believe what they said to be true, there isn't much she can do.0 -
Most references are very generic these days for fear of legal action so I would be surprised if anything 'false' was put in black and white.0
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Hi all,
A friend of mine received a reference, which contains false information, so it is not a true, accurate and fair reflection of her employment.
I have 2 questions:
1 - Is ACAS>Employment Tribunal the right way for redress?
2 - Do you need to have subsequent job opportunities negativelly affected by said reference in order to have a valid claim?
Thank you.
Without knowing the nature of the 'false information' it's impossible to give an answer. As others have said, some aspects can be subjective. For example, somebody turning up late for work 3 or 4 times, even if just by a couple of minutes, may be interpreted as poor attendance by the employer, but as trivial by the staff member.0 -
Hi all,
A friend of mine received a reference, which contains false information, so it is not a true, accurate and fair reflection of her employment.
I have 2 questions:
1 - Is ACAS>Employment Tribunal the right way for redress?
2 - Do you need to have subsequent job opportunities negativelly affected by said reference in order to have a valid claim?
Thank you.
So I may be nitpicking however you say your friend received the reference as opposed to the prospective employer? I only mention this as you seem to indicate they know the specifics of the reference as opposed to failing reference checks due to an 'unsatisfactory reference'. Have they requested a copy of the reference after a withdrawn employment offer?
What 'false information' has been provided? Is this information subjective or objective?
Your wording would show you've checked ACAS's stance on this so I wonder the reason for querying this with MSE?In the event that a job applicant is unhappy with a reference provided about them they can request, usually in writing, a copy of any reference sent to a new employer. The request would be made to the author of the reference.
If an external job applicant believes a reference provided for them was inappropriate they may be able to claim damages in a court, but the job applicant must be able to show that the information was misleading or inaccurate and that they have suffered a loss such as withdrawal of a job offer.Know what you don't0 -
So I may be nitpicking however you say your friend received the reference as opposed to the prospective employer? I only mention this as you seem to indicate they know the specifics of the reference as opposed to failing reference checks due to an 'unsatisfactory reference'. Have they requested a copy of the reference after a withdrawn employment offer?
What 'false information' has been provided? Is this information subjective or objective?
Your wording would show you've checked ACAS's stance on this so I wonder the reason for querying this with MSE?
Her current employer requested it and received it from her former employer.
My friend got it from her current employer.
I don't need a validation if the reference is false, so let's just not go down this route. Assume it is.
The information is objective and can be easily proven false.
We have been in contact with the manager, who wrote it and any further contact is futile. My next step is contacting HR, but I want to know if ACAS/Employment Tribunal or the Courts is the step after HR if we decide to go there.
And the requirement to have actually suffered a loss by losing future employment prospects is a tough one, because what employer is going to admit in writing that the reason they didn't hire someone is because of the reference received.
This is my personal opinion, but the manager who wrote it:
has very poor management skills
his english language is very poor, which is reflected in the reference (full of all sorts of mistakes) and this has been clearly noted by the current employer.
is probably not fully aware that writing a false reference has consequences
reason for false reference are personal0 -
Her current employer requested it and received it from her former employer.
My friend got it from her current employer.
I don't need a validation if the reference is false, so let's just not go down this route. Assume it is.
The information is objective and can be easily proven false.
We have been in contact with the manager, who wrote it and any further contact is futile. My next step is contacting HR, but I want to know if ACAS/Employment Tribunal or the Courts is the step after HR if we decide to go there.
And the requirement to have actually suffered a loss by losing future employment prospects is a tough one, because what employer is going to admit in writing that the reason they didn't hire someone is because of the reference received.
Maybe you don't, but we need to understand the nature of the 'false' information before we can help you.0 -
It's quite common for employers to provide a reason for a job offers being withdrawn due to unsatisfactory references. It's probably the most common reason for people being rejected once they've been offered a job.
Generally, the next steps do depend on what aspect of the reference is incorrect. If it is discriminatory, in a legal sense, then usually an employment tribunal would be the next step. If it is not, and it is deliberately false than you could sue them for losses. You would want legal advice from a solicitor well versed in employment law, who would be able to give you the appropriate next steps. They would usually include providing written opportunities for the company responsible to correct the reference, and then the legal path for whichever course is more appropriate.
Do be mindful that success in legal challenges to incorrect references very much depends on what exactly was wrong with the reference.
As always, this isn't legal advice and you'd want to seek your own qualified advice before proceeding so you can get a proper look at your chances of success and probable costs.Signature down for maintenance :rotfl:0 -
Her current employer requested it and received it from her former employer.
My friend got it from her current employer.
I don't need a validation if the reference is false, so let's just not go down this route. Assume it is.
The information is objective and can be easily proven false.
We have been in contact with the manager, who wrote it and any further contact is futile. My next step is contacting HR, but I want to know if ACAS/Employment Tribunal or the Courts is the step after HR if we decide to go there.
And the requirement to have actually suffered a loss by losing future employment prospects is a tough one, because what employer is going to admit in writing that the reason they didn't hire someone is because of the reference received.
This is my personal opinion, but the manager who wrote it:
has very poor management skills
his english language is very poor, which is reflected in the reference (full of all sorts of mistakes) and this has been clearly noted by the current employer.
is probably not fully aware that writing a false reference has consequences
reason for false reference are personal
As you have referred to your friend's "current employer" three times then can we assume that she did get the job, despite the reference? In which case what redress is she actually seeking? She could contact HR at her former employment and point out that supplying factually incorrect references can have consequences and that she is putting them on notice that she may be forced to take matters further should they issue such a reference again.
I'm guessing from the tone of your last paragraph that what she/you actually want is to get her former manager in as much trouble as possible with his employer.0
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