Am I unemployable?

[ConsultMe]

I worked for my employer for several years and was promoted various times, and to a senior position. It has been the only employer I worked for during my 20s so it consists of the majority of my work experience.

My manager then sexually harassed me. When I complained about him, the company closed ranks and started contrived allegations against me - think petty yet untrue things being taken as serious misconduct. Simultaneously they didn’t do anything with my complaint against him. So ultimately I went off sick due to work related stress and feel I cannot return to that employer as they clearly are not treating me fairly and are constructively managing me out. I have explored the employment tribunal process and gone to ACAS/union etc. I have raised formal complaints etc but this employer is not taking me seriously and are in “protecting themselves” stonewalling mode.

Therefore I’m thinking about work with new employers, but then I am extremely worried about a reference. I believe the problematic employer will basically reference their contrived allegations against me and the fact I went off sick due to work related stress. Aibu to think I’m unemployable as a result? I can’t imagine what employer would want to hire someone being told that, and if I leave off that employer from my CV then I don’t have any job experience in the last 7 years.

Speak to your union.

often part of this process is a negotiated reference so you know what they will be saying.

I would speak to an employment solicitor, you should be able to have a consultation before any chargeable work, and see about negotiating a settlement. Part of this should include an agreed reference for future employment.

Horrible situation for you to be in, but you'll survive and your career is not over. This is a blip.

I don't think you necessarily need a reference to get a job

I'd change jobs quickly, I wouldn't go down the tribunal etc route, personally. What you need is a clean start, an employment tribunal, even you win, will give you pennies and it won't be worth the aggro. Go back to work, keep a low profile, and start job hunting now.

The thing is I’m not choosing one or the other. I know that regardless of an employment tribunal, I need a job now. But the issue I’m having is that it feels impossible to get a job now as it’s linked to my problematic employer due to references. I know the employment tribunal process is long, difficult and not worth the aggro…but I just feel it’s a massive cycle trying to move on even if I don’t take this further.

But then I don’t know how I’d get another job on a similar level/pay? Genuinely curious as I have worked for the same employer for a while and don’t have much job hunting experience

Thanks. I might be able to get legal costs paid via my insurance, but in the meantime it’s hard to navigate this.

My union is useless with this, they think what I have gone through is horrible but they simply don’t help with exit agreements or job references, they only help with issues that involve staying with that employer if that makes sense.

My last three jobs haven’t done references. They’re not as routine as they used to be.

Lots of places don't do proper references, they will just confirm that you worked there and when. That's becoming the norm now in my experience.

I'd negotiate an exit package to include a good reference. You want to go, they want you gone, win win all round.

Meet with a recruitment agency. Most of them are ruthless 'very dedicated' and will say anything to get you a job and them their commission.

This. ⬆️⬆️⬆️

Most references only include "Jane Doe worked for us from X to Y date".

I don’t think at this stage, they would enter negotiations with me. They seem to only take a solicitor seriously. I can imagine them basically refusing to negotiate an agreed reference as there is no rapport between us.

Absolutely terrible advice. Are you her employer? She won't get pennies if she successfully pursues a sexual harassment claim as it falls within sexual discrimination especially where they are failing to take her complaint seriously and making false retaliatory claims.

Consult an employment lawyer ASAP and look for other work at the same time.

Depending on what your industry is, I think you may have be placing way too much weight on the idea of references. First of all, no-one ever has a reference from their current employer when they look for a new job, because that would mean telling your current employer that you are looking to leave before you have been offered the other job. No one expects you to do that.

And many big companies have a policy against giving substantive references anyway - all they will do is confirm dates of employment.

Just get out there and start applying for other jobs. The reference thing probably won’t come up, and if it does, it will only be after the new people have interviewed you and formed their own view of you.

Finally, you current place is probably desperate to see you go without you kicking up a fuss, so probably won’t say anything to spike your chances of another job anyway.

That depends on the job. I worked in a terrible toxic law firm as my first job and I had a former colleague do this and she got pennies in comparison to what she was earning and she found the whole thing an incredibly difficult and drawn out process. I chose to leave that same firm without raising any complaints and I found I had a lot more choice of employers and I moved on quickly. That place is a bad memory I barely think about anymore.

References are not what they used to be anymore. They will confirm you worked there from x to y date and they may say whether you took sick leave, but you can explain that away, plenty of people have to take sick leave.

Yes I have no problem with the reference side of things at all. That will be overcome fairly simply. However she should pursue sexual harassment to the fullest extent. Things are a lot different these days and the boys will be boys attitude no longer flies!

the reference side of things gives me a lot of worry. I worked in the civil service and every possible policy was breached in an attempt to make life difficult for me, they even failed to comply with a subject access request and the ICO upheld my complaint. Pretty much anything to do with me just gets routed to the manager who sexually harassed me and has it out for me.

I’m sorry this happened. It’s shit.

Always avoid employment tribunal’s, if you can help it, just move on quickly to another job. Going legal will make you unemployable, for many companies.

If you’re asked about why you left, be vague and say you wanted to get more experience, exposure to different processes etc as you had been there for a long time.

The boys will be boys attitude is very much still there. I have experienced it continuously in my now 12 years of working (law). Sorry. And in my experience, trying to complain about it, as admirable as it is, will not get the victim the result she wants. It's a horrible depressing unfair world.

Sorry but to everyone that has said to avoid an employment tribunal and to just move on…I am trying to move on! I would love to quickly get another job? My main concern is getting a reference to even secure a new job.

That’s unrelated/separate to an employment tribunal surely. For what it’s worth, I am well aware of the pitfalls of tribunals and I don’t even know if I will continue with the employment tribunal process as I can’t afford bills, let alone legal fees. Hence why my main concern is a reference. I am not trying to chase an employment tribunal over getting a new job.

I am well aware of what a horrid situation I’m in. but what’s the practical steps to help me move on?

Your advice was “I'd change jobs quickly, I wouldn't go down the tribunal etc route, personally. What you need is a clean start, an employment tribunal, even you win, will give you pennies and it won't be worth the aggro. Go back to work, keep a low profile, and start job hunting now.”

how am I going to change jobs quickly, get a clean start, go back to work and successfully job hunt with the reference issue? That’s my biggest barrier.

I don't think a reference will be a barrier. No one here can tell you for sure but in every single job me and my DH have taken, references have simply confirmed that the person has been employed for the stated period. Character references are very much a thing of the past. Of course, if the manager is truly a psycho he can call someone up and shit talk about you but it's very unlikely as he won't want to attract attention to the situation, he would much rather you go.

All you can do is apply for jobs and see how you go. Good luck!