AIBU to wonder if a reference can be challenged

[user1491565842]

Much or what is claimed about me is highly subjective but unfortunately it's impeding me moving on professionally.

AIBU to wonder if anything can be done?

Is it the regional rep who says this?

What is wrong with the way it is worded? This is all very cryptic! No-one knows who you are so you can explain the situation and someone might be able to help properly. Otherwise it's all a bit speculative!

If the way the reference is worded is capable of misleading a potential employer such that you suffer detriment in employment prospects you might be able to challenge it. Your current employer has a duty of care to you to provide an accurate and truthful reference.

Could you phrase it how you think it should be phrased and very nicely ask the head if they would change that part?

Well I'm not sure of the issue with calling someone difficult if that what they feel.

However if you have an issue with the reference why not speak tonthe head about it, especially if the union won't help. I'm unsure how else uou can challenge it.

Is it an 'agreed' reference?

You can't really express a personal subjective opinion that someone is "difficult" in a
reference unless you can back it up with facts/evidence/context. It's fine to give a "bad" reference if it's objectively true and accurate and can be demonstrated as such. You can't mislead or be careless in what you say otherwise you risk being sued for negligent misstatement.

A reference should be true, fair and accurate. They don't have to disclose all allegations, unless they feel there was something in them. SO it would seem that the way it is worded is unfair, that can be challenged.

I work for a teaching union.

Yes, ils regional rep

Trifle, do be fair, please - I can hardly go into too many details.

I think the point with my colleague was that 'difficult' meant 'nicely drew your attention to the fact we were way over directed time!'

user149 has the reference already been sent to your prospective new employer? Could you provide very basic facts just sufficient to head off any concerns.

References taken out of context and worded in an 'unhelpful ' way can do more harm than good.

user1491565842:

I think the advice is as good as it's going to get, in that case! Seek proper legal advice.

Thanks :) I'm not applying anywhere at the moment - working on a supply basis at my previous school - but I will need to do so in the future.

You only need your most recent employer for safeguarding. So your supply agency. Then a second reference from anyone.

Thanks; it's not an agency but most places do want 2 years' worth of references :)

Yeah, but only the most recent has to be the head. The others could be a head of dept, phase leader etc.

You can't really express a personal subjective opinion that someone is "difficult" in areference unless you can back it up with facts/evidence/context

There is nothing to suggest the person who wrote the reference saying the employee was difficult could not back it up with either context evidence or facts. References by their very nature are subjective.

Well, the OPs response suggested there was little but subjective opinion on this point. I'm just giving the legal position. You may think that references are always subjective. But, legally, subjective is very risky. Objective evidence/facts less so.

This is why a lot of employers now give strictly factual references.