Can you get a bad reference and are there any rules to fight it?

(8 Posts)
PaperStars Fri 16-Sep-16 21:23:00

Without giving too much details or examples as this could be identifying. I got a new manager and she bought lots of friends and family to said company. I am/ was in a senior position and basically for several months now I have been horribly bullied ans I hate work now, it's unbearable. The bullying is mainly in private one on one and I have no real concrete evidence of this. The 'old' staff as there is now a massive divide have observed a lot of bitching about me and they themselves have told me they feel uncomfortable about it all, but they wouldn't come forward as they don't want to be next even though they feel new manager is putting her new staff above us and letting them 'get away' with things that are very inappropriate, this is all sounding very immature.

I approached the owner of the company about my senior shifts being taken off me in that I was working all my hours in the senior role and now only a 1/4 and the rest basically demoted but same pay apparently. Owner said manager was in her rights to do that but he could ask her why etc. But I spoke to her myself putting my big girl pants on and manager was very defensive that it's not personal even when I gave her clear examples of how I was being treated differently she had an excuse for them all.

So I had an interview for another job/company and have been offered it subject to pre employment checks. I have put the owner down as a reference but I am worried they will give me a bad one with all that's been going on. Where do I stand on this? Sorry it's long i don't really talk to anyone outside of work about this as I don't want to give them any ammunition whatsoever I just silently accept the abuse as justifying myself seems to have made it worse sad

prh47bridge Fri 16-Sep-16 23:55:11

They can give a bad reference or refuse to give a reference. You may be able to claim damages if they give a reference that is misleading or inaccurate. Many employers are worried about the possibility of legal action if they give an inaccurate reference so confine themselves to confirming dates of employment and job title.

AnchorDownDeepBreath Sat 17-Sep-16 00:04:02

Theres a lot of misinformation about this online. Legally, they can give a bad reference, but it must be factual. Some employers refuse to give a reference instead of giving a bad reference, or just confirm dates - a lot of the time accompanied with an "off the record chat".

If they give a reference that is factually incorrect, you could attempt to claim damages, although that's not usually a proportionate response -mostly because legal action is expensive and you'd need to prove loss. It's an option, though.

I hope it all goes fine and is nothing to worry about. There's a chance that if your current company want you gone, they'll give you a fine reference to facilitate that - which goes in your favour.

daisychain01 Sat 17-Sep-16 09:31:51

I would consider alternatives for your reference, so you avoid this company. Maybe try your previous employer (ie the company who gave you the revenue for your current job).

You can choose any company you like to give you a reference.

Just use your current company to give a factual account of your dates of employment but no opinion.

Don't put yourself in the firing line. Let's face it the new company are going to know your leaving either to improve your financial or career prospects or to get away from a ghastly arsehole poor management. That's life! Downplay it and never slag them off to new employers

daisychain01 Sat 17-Sep-16 09:32:15

You're

PaperStars Sat 17-Sep-16 11:04:03

Unfortunately I have to have them as a reference as the company states 2 references, 1 being you're current employment and that it must cover your past 3 years of working. I've put my old boss from previous job down whom I got on well with. I only left there as the company shut down and I had been there 10 years.

Fingers crossed they will give me a good reference to get rid of me! My dp thinks I should take the whole bullying thing further and defend myself (and still leave). But the others outnumber me and have more 'power' that the staff that are aware of what's going on and thinks it's wrong wouldn't back me up as they're scared of their consequences.

daisychain01 Sat 17-Sep-16 11:56:34

Sorry I meant the reference! Not revenue

daisychain01 Sat 17-Sep-16 12:00:41

maybe you could ask someone in the present company you do get on with eg a manager who you've worked with indirectly and get them to comment on your work, etc, maybe they could email it to you and you can forward it to the new company

Sometimes it's necessary to be a bit creative. The new co just wants some way of verifying your work quality and good character.

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