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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Bad reference

12 replies

MistedWindows · 21/05/2018 19:04

Okay, so when I started my new job my previous employer of 3.5 years was asked to provide a reference.

I’ve not had any problems in current job (6 months in now): I enjoy it very much and get great feedback from team members and clients.

In my previous job, I was made redundant due to the company closing the office and I wasn’t willing nor (importantly) able to travel.

Truthfully, I soon discovered after starting the job that my immediate line manager was a nightmare (something other senior members of staff had commented his behaviour), but it didn’t stop me from working hard.
I covered his work during an extended period of absence for 5 months, during which time I updated several critical systems that could’ve cost the company a LOT of money if left outdated. I didn’t seek any increase in salary for doing his work (hey - pitching in is teamwork, right?), nor did I receive any thanks.
Over time, I developed health problems of my own, which impacted my ability to live my life as “normal” and limited some of the work I could do, for which I focussed on other parts of the job. In due course, when things weren’t looking any better & was diagnosed as having a chronic condition, I informed my employer that I considered myself to have the characteristics covered in the disability part of the equality act.
After that, during the last two years of my employment, I had no appraisals, no training and was given the rubbish jobs by my line manager. Needless to say, I didn’t enjoy this and my requests were just brushed aside, yet I still ploughed on & worked hard. During this time, he had a grievance raised against him for pushing a fellow (fantastic performer) colleague out of their job and treating them appallingly.
I understood at the time that my line managers boss (reference writer, RW) could see the situation for what it was (despite never doing anything about it) and would be ideal for providing me with a reference. I thought RW would be able to see what was me, what was the effect of my line managers toxicity and what was my health condition.

Oh, how wrong was I?

The reference received scored me low for many personal attributes and it said they wouldn’t employ me again. It made reference to my “health issues” that I had experienced, as a reason for the scoring.

AIBU to think that a reference shouldn’t cite a disability as the reasons for someone’s alleged poor performance, and that if they DID have a problem with my performance, that they should’ve actually said something while I worked there, perhaps in a performance review, or some sort of disciplinary-related pathway?
I feel like my hard work has been forgotten, e.g. the time I had off sick/appointments, I made up by working extra hours (...not that RW would ever know how late anyone stayed after work as he was the first to leave the office, after spending the afternoon booking his holidays online Hmm)

Although my current employer doesn’t believe the reference, it’s quite embarrassing that they've seen it and so disappointing that my trust was so badly misplaced.

OP posts:
carol1234568 · 21/05/2018 19:14

YANBU to be upset, and employers can get in trouble if they provide an inaccurate reference. However, if they can prove it's accurate you won't have a case.

Maybe you should get some advice from CAB re. The disability issue. Again, you have to prove you meet the criteria to be classed as having a disability, and have to prove this affected you doing x and y in your job.

MistedWindows · 22/05/2018 07:14

Unable to drive was one of the main problems for the job... I’ve seen enough specialists to prove my condition...
Maybe I was a crap employee in their eyes, but why on earth didn’t they say something?!?

OP posts:
hoistTheSales · 22/05/2018 08:00

This reply has been deleted

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IamtheDevilsAvocado · 22/05/2018 18:32

Sorry you've had this horrid reference. Does sound like they're being discriminatory... I seem to recall focusing on a disability or totting any disability related absences is unlawful

Hope a lawyer will be along soon...

IamtheDevilsAvocado · 22/05/2018 18:33

What I meant to say... Theu can't count that as disability related sick days towards any sanction...

IamtheDevilsAvocado · 22/05/2018 18:38

If you've not come across

These people are brilliant... And free.. Think they're open til the evening

www.equalityadvisoryservice.com

MistedWindows · 08/06/2018 07:00

Thank you @iamthedevilsavacado - didn’t see your posts earlier! Blush

I don’t think I have the energy or inclination to fight it - it has been 9 months since I left and would be difficult to get the evidence/proof of the work I did.

OTOH, I don’t want RW to repeat this for others and think it’s acceptable behaviour

OP posts:
Devilishpyjamas · 08/06/2018 07:03

I would think about following it up just because you may need a reference from them in the future. Some jobs ask for references from so many previous jobs etc.

Devilishpyjamas · 08/06/2018 07:04

But I don’t know what following it up would involve...

AJPTaylor · 08/06/2018 07:09

It is piss poor on their part.
Every employer I have worked for gives a neutral reference. Very little beyond confirming dates of employment and job title really and reason for leaving. ie if someone had been dismissed that would be stated but no more.

DrCorday · 08/06/2018 07:50

You could the new GDPR law to request what personal information they are holding on that is included in any future references.

Where is the evidence of poor attitude / conduct etc?

You have a lot of rights under the GDPR in how your personal data (eg reference) is handled, shared and stored.

Take a look at the ICO website and follow their process in requesting the information.

DrCorday · 08/06/2018 07:50

You could use the...

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