To ask how I get round giving my old employer (who I’m taking to tribunal) as a reference

[MachboosRubyanAnne]

NC’d for this.

I resigned from my job a little while ago due to unfair treatment that forced me to. Basically I was put on suspension because a family member had been arrested for a violent crime (and cleared of, as in no charges were brought due to them having an alibi). I was suspended in the basis that if anyone found out I’d be a reputational risk to the company. I wish I was making this up but it’s true. So I walked before I was pushed so to speak on the promise I’d get a good reference.

I never once got into trouble otherwise - I was a great employee, always delivered on target, was popular and was whiter than white (not that being related to someone who gets arrested changes this but just wanted to illustrate by good character).

I’ve now had two job offers withdrawn because when seeking a reference and being asked if there are any safety concerns (both jobs required a DBS check so I think they have to ask?) my former employer told them ‘yes’ which is fucking ludicrous. After my former boss did this the first time I gave them a different colleagues name for the second job (HR manager as I was told they just check a few things like sickness record and start/end dates) but it obviously got back to him.

I’m taking my former employer to a tribunal but how the hell do I get out of giving them as a reference when everywhere asks for one from your old workplace? I don’t particularly want to tell them I’m taking them to a tribunal as I just think this would put employers off. I haven’t even done anything wrong (well neither did my relative!!) and I’m completely unemployable I don’t deserve this and I’ve had to go on anti-depressants just to drag myself out of bed in the morning over it. Soon I’ll run out of money (I got 3 months pay from old work but it’s running out).

I have 2 interviews in the week, I haven’t given any references yet but I am just sitting here thinking ‘what’s the point’ as I don’t think I will ever get a job that follows through on their offer thanks to them.

Really? ACAS told me there are no legal boundaries around references.

By drop the case I meant go back to the employer, forget constructive dismissal and ask if they will give a reference in return.

To be clear

I had time off at the time of the arrest. We are talking 2 days.

2 months later the case was dropped against family member

8 months later out of the blue I was suspended. They had done an investigation without my knowledge that was riddled with errors. But I just wanted to leave and believed I was leaving with a good reference negotiated

Depends on your definition of legal. I’m in Healthcare at the moment (HR Director). CQC demands Safer Recruitment for those in clinical/medical roles. That requires full disclosure of minimum 10 years work experience and 3 years minimum references including professional assessment. They do check when inspecting and there’s no get out clause. We could be closed down if non-compliant.

This is why AIBU is a bad idea for this kind of issue.

Ah I see! I am hoping that’s what comes out of early conciliation. My formal complaint has been ignored so far.

And of course you are not guilty by association. I am NOT suggesting this. But many people who are close family members with criminals are/ can be so the vulnerable have to be protected. And your employer has to take care.

(Do an AIBU poll asking "AIBU to sack my childminder because her husband has been accused of child abuse/ Her son was involved in a brawl in which someone was stabbed?" And see how many "better safe than sorry" responses you get.)

Again to repeat - your mother/son/husband/relative/cousin was innocent so it doesn't apply but I'm no monster for pointing out that many people would be wary.

That’s helpful. It’s not a clinical or medical role it’s a professional role. But one of the jobs was for a school. A job I’m going for this week is for a FE role.

Thank you for clarifying time lines. Good luck with your new job OP. I hope you get a reference.

You need a solicitor to handle this

@OnceAgainWithFeeling that was really helpful I may just have to apply for jobs that don’t need the Safer Recruitment check. Like I’m some sort of criminal

Schools and colleges are subject to Safer Recruitment protocols as well. You'll need to tell them.

DP told his future employer in broadly similar circumstances and didn't experience any issues.

If you have representation available please use it, professional representation can make such a difference. I understand people doing it themselves due to cost but when representation is available via insurance you would be daft not to use it.

As part of the Safer Recruitment checks, referees will normally be asked to disclose if there were any safeguarding concerns and your (previous) employer would have to say 'yes'. even if the rest of the reference is positive, this would be concerning for a new employer and they would need to look further into this before making a decision to continue or withdraw your job.

Your difficulty is that you left their employment before they concluded their investigation, which would have been your opportunity to correct any factually incorrect information.

my advice (as someone who works in HR in companies who follow safer recruitment) is to be honest with potential employers and tell them your version. Many employers i've worked with get more annoyed when someone fails to disclose something like this than the actual incident itself.

Absolutely agree with purpledagger

But I didn’t ask you anything about the tribunal. I don’t understand why you are not seeking legal advice and action on this specific issue. The tribunal will take ages. You need to address the reference situation now. Don’t rely on internet randoms when it’s so important (no offence to my fellow posters, I’m just the same!). Speak to an employment lawyer. If they are not following the law then a letter from a solicitor is going to be your most effective action.

This was years back, but I had a problem with a previous employer that I was taking to a tribunal due to sex discrimination and bullying ( two separate issues but won my case). Bullied me for being off sick when my mum was dying. I lost a job offer because of them.
I went to another interview and was honest and explained the situation regarding a reference ( in finance). The interviewer appreciated my honesty and I got the job.

I've never working in HR or given a reference but have worked in employment law. I had always believed that if a company is asked for a reference the exemployer can only state you worked there and give dates of employment. A lot of people can have recourse from previous employers if they give more personal details than are required such as your position where a family member was accused and acquitted of a crime. It's completely irrelevant to your ability to work for a subsequent company. If you can, speak to an employment lawyer about what can be done, as it's impacting your working life going forward.

You’re wrong. A reference can refer to anything that’s true.

And the OP has already confirmed these are safer recruitment posts where that detail would be relevant.

what have you actually done “in employment law”?

If your case was discrimination then you would have something easier to throw at them as there is a thing called "post employment discrimination".

For this you need to get a solicitor to write to them and threaten them with something.

I was in a similar situation where an ex employer lied on a reference and said i had been dismissed. I applied for SARS from the new employer which included the reference- I was advised the problem only arises if you ask the ex employer

Where is there a suggestion that anyone has lied?