Job offer withdrawn due to unsatisfactory references.

[TheLightSideOfTheMoon]

Pretty gutted.

Was a hard worker. Fell out with my boss over her withholding holiday pay and numerous cock-ups with my pay. Was also having issues with training taking place before and after night shifts, effectively giving staff 18 -20 hour shifts.

I got signed off and found a less stressful job.

However, after weeks of waiting for DBS Checks snd such I've been informed that the references from my current job aren't satisfactory and they aren't proceedingcwith my employment.

Not sure what I can do.

Already left my job. Didn't occur to me I'd get a poor reference, I was a good worker.

Now I have nothing. Have a mortgage to pay and a child to feed.

Am applying for other jobs now but am feeling pretty shite and worthless.

My mates say it's not meant to be, they're probably right but it still sucks.

Any advice.

Is there any way you can access a copy of the reference they provided? You could access through a subject access request. An employer can only provide a truthful reference so if it isn’t truthful you may have grounds to take action.

If you got signed off, is it possible your sickness record, if part of the reference, is the reason

You have a legal right to see your references

Often references will ask for facts rather than opinion. So they might ask about your timekeeping, or your sickness / absence record. You say you were 'signed off'. If that was signed off sick, then your absence record won't look good, and without a satisfactory explanation the new employer may have decided to appoint someone else. Did you tell them at interview that you had been signed off for a period?

Very unfair of your current employer. They should have said they're not prepared to give you a reference at the beginning. Personally I'd write to the new employer who's withdrawn the job offer and argue the case very politely and professionally. Nothing to lose.

I didn’t think employers were allowed to give bad references?

I would want to know what was put in the reference as could jeopardise any future interviews.

Is this for a public service job perchance

Ask to see references before you can know what’s happened

@pilates They can, as long as they are truthful. Most employers just stick to facts these days; at least in writing, but it's becoming more common for there to be "off the record chats" in my experience.

All the companies I've worked for in the last few years don't give proper references, just what's known as 'tombstone' references due to the risk of being sued over them.

This only includes basic facts - job title, length of service. It could include absence information, so it's very possible this has counted against you.

Most companies would be very foolish to give a negative reference so I would be surprised if they have.

I suggest asking to see the reference and if it's to do with your absence record you can explain this to your prospective employer and try to change their mind. If your previous company has given you an unfair reference you can absolutely take action against them.

I would let them know that you're concerned that your former employer has given a malicious reference and ask to see a copy of it. Or submit a subject access request to your former employer asking to see it.

I am going to email them.

I had a feeling that my employer would give me a bad reference. I should've said something.

The interview panel really liked me. They called me 2 hours after the interview to offer me the job.

The letter I recieved today wasn't from either the person who interviewed me or the person in recruitment who was processing my application. This was an HR manager who hasn't spoken to me.

What should I say to them?

Contact them, ask to see copies of the references and dispute it. Can't give details but this happened to me and as I knew the person was lying I challenged it and they called the person and following that call they decided to re instate my offer. Usually the dbs checks are done by a third party so they would have just notified your employer it was a 'no' and not necessarily given details.

I would ask in employment issues. This seems really unfair.

I’m an HR Director. It’s really poor form for them to withdraw without seeking a conversation with you first. Contact them and ask for further information.

Both DP and my BFF think I should call them in the morning.

Reckon if they see how genuinely sincere I am they may accept a reference from elsewhere.

I really want this job. I think I'd be really good at it.

If I don't get anywhere with HR I may call the man who interviewed me.

Am really upset about this.

A similar thing happened to me a good few years ago i contacted the company and they read the reference to me over the phone which was just lies and said if i could provide 2 more references that were satisfactory i could have the job. I provided a couple more references but i also sent a lawyers letter to the former employer telling them to withdraw the reference or i would be seeking compensation for deformation. The sh@t themselves and formally withdrew the reference.
I'm still working for the company and have been promoted 3 times it was definitely worth the fight!

You can ask both the person who wrote the reference and the company who requested it if you can have a copy. It is usually the prospective company who are more likely to oblige. Having said that, there is no legal obligation for either of them to provide it. In which case your best bet is a GDPR Access Request from the HR dep of your previous employer. As stated already, references must be factual. They should not give opinion although unfortunately employers can word "opinions" to present them more as fact which can be difficult to challenge. Could you provide details of an additional referee at all? Might be worth an ask to see if that would be acceptable.

Could it be your absence record that’s the issue do you think? It might be that the number of days etc is requested as part of a reference template

Can you ask them if they'll accept a reference from a previous employer?
It sounds like you did really well at interview so they may be flexible, though maybe you need to get to the recruiting manager and not just HR. Unfortunately you won't be able to obtain a copy of your reference by making a subject access request as employment references given in confidence are now exempt from disclosure by both the giving and receiving employers.

You can't ask your previous employer for a copy (although your posts are a bit confusing OP, you say you've left but also call them your current employer as well as saying you were not expecting a bad reference/that you had a feeling they'd do this).

The prospective employers don't have to provide the reference either.

www.gov.uk/work-reference
www.gov.uk/job-offers-your-rights

Is there anyone who can provide a positive reference? Then you could offer them as an alternative.

I phoned back this morning to offer alternative references but it was a flat 'no'.

They wouldn't even entertain the idea.

I'm unable to get hold of the guy who interviewed me. The only numbers available are for the head office in another town, nothing for him who works locally.

I feel pretty sad.

Have a job interview on Tuesday though, so that's something.

Really stressing about bills and stuff. Not sure where I can turn.

I would definitely pursue trying to find out what was the problem. You can't do anything to rectify or balance it out if you don't know what it was. E.g. sickness or timekeeping can be discussed.

Might a 30min free chat with a solicitor help?

Ring your ex employer and ask to see the reference. You have a right to see them. If you dont rectify it, it will follow you around.

I’d get a friend to make a reference request for you including an informal chat on the phone.

Easiest way to see what they’re saying about you.