To ask how you handle getting references for a new job when going through an employment tribunal

[TheObstinateHeadstrongGirl]

I resigned from my last role due to sex discrimination and sexual harassment and I am in early conciliation stages of a tribunal. I have been offered a new role with a charity and they are asking for a reference from my former employer (which is a medium sized local business). I haven’t told the charity about the discrimination case. But I have already had an offer withdrawn in December due to an unsatisfactory reference whereby my former employer said they wouldn’t employ me again and had performance concerns (total nonsense).

Does anyone have any advice on how I navigate this and reduce the risk of an offer being withdrawn again? It’s so bloody unfair I don’t feel like I should have to disclose that I’m in tribunal stages with my new employer as I think I may come across as being ‘5’. What information can be shared in a reference?

5?! WTH!

Difficult! No idea why my phone auto corrected to ‘5’

I would have thought that the only way around this is to be honest and tell them yourself and ask if a previous employers reference could be used

I also think you need to be honest and see if you can use a different employer.

An employer can say anything they want in a reference so long as it is true. Obviously most stick to a format and say little in case recollections vary over what is true.

I was wondering what that meant (still am). 🙂

What information can be shared in a reference?
There are no rules about this but in theory if an employer puts something untrue in a reference they can be liable for the consequences.

www.acas.org.uk/providing-a-job-reference/what-employers-can-say-in-a-reference

Part of your tribunal agreement should be an agreed reference. And the company will probably slap a non-disclosure on you so you can't tell a future employer.

Had a similar situation for someone I interviewed and was impressed with. They explained at the end of the interview that they had been a whistle-blower against their previous employer and would anticipate a negative reference. The reference supplied confirmed dates of employment and a statement that they would not employ the candidate again in any circumstances. After discussion with HR we agreed to accept an alternative reference from an earlier employer and job offer went ahead.
I think it will be difficult to avoid a reference from your previous employer without some explanation. I would also have additional referees in mind, more than one if you can.

As PP said if you're successful at the tribunal an agreed reference should be part of the outcome. In the meantime you should be honest with potential employers and explain the situation truthfully. It may or may not affect their decision as to whether to employ you but really it's the only option for you.

In theory your previous employer can't say anything untruthful about you in a reference. The problem is in practice you would have to a) get hold of the reference and b) take legal action against them. It can also be hard to prove they're being dishonest - a statement that they wouldn't employ you again wouldn't be dishonest because they probably won't want to re-employ someone taking them to a tribunal.

Generally as a prospective employer you read between the lines of course - I once received a reference for someone I was thinking of employing, and they had left all my questions blank except the "Would you employ X again?" question, to which there was a big underlined NO!

Update: I was upfront and honest with my new workplace and they have offered me the job still!

Congratulations!