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Original poster

Unsatisfactory reference and so job offer withdrawn.

63 replies

Bearnecessity · 17/11/2020 17:55

Hi , I am so sad and angry. I secured a job offer on 20/10 and today I have found out because they received an unsatisfactory reference from my last employer the offer has been withdrawn. At my last job my line manager was sacked and is now being investigated for incompetence but this was nothing to do with me . I did my job very well but there were a lot of problems at the company and new people kept being brought in to turn things around I had an arguement with one after a very stressful year and she took a dislike to me. Technically my contract was not renewed but I keep getting offered jobs only to lose at reference stage despite having two other good references. I have now lost out on a permanent well-paid job....what can I do beyond go to HR, Citizen's Advice...it is so unfair.

OP posts:
prh47bridge · 17/11/2020 18:48

I would start by speaking to the new employer and ask about their concerns. You may be able to address their concerns if, for example, you can show that the reference was misleading or inaccurate.

You can ask either the new employer or your last employer for a copy of the reference. Make the request in writing. They may refuse if your last employer provided the reference on condition that it remain confidential.

You have clearly suffered a loss in that a job offer has been withdrawn. You may therefore be able to take legal action on the basis that the reference was misleading or inaccurate. I would think about to taking legal advice before going down this route.

Original poster
Bearnecessity · 17/11/2020 19:38

Hi prh...thank you for your response.I asked the new employer for a copy of the reference and they said it was confidential. I have just written a letter to my old employer's HR dept requesting a copy of the reference and asking this to stop and explaining I am seeking legal help in the matter. It is an utter nightmare...

OP posts:
notheragain41 · 17/11/2020 21:07

Oh op how frustrating for you. You can't request the reference under GDPR I'm afraid as they are exempt so your hands are tied in that regard. Do you know who would have written the reference? This happened to a friend of mine, it was an internal position though, they complained and got a reference from elsewhere, but as it was internal it was known this referee could be problematic. What a frustrating situation.

Icenii · 17/11/2020 21:10

Surely if the reference contains data about her then she can request to see it?

notheragain41 · 17/11/2020 21:14

@Icenii no there's a specific exemption in GDPR making references exempt from subject access requests, it's in order to ensure references can be given truthfully in confidence, it's a contradiction I agree and very frustrating.

Bluntness100 · 17/11/2020 21:15

Op you can’t be sacked then investigated for incompetence, when you’re sacked you’re sacked, any investigation is before hand

When you had an argument with this person, were they management? Why was your contract not renewed?

References have to be factual. You can request a copy and if it is not correct take action. If they have been factual but it looks bad I think you need to talk to them and explain this is causing you to loose jobs, to see if they will desist

I personally think it’s awful to give someone a bad reference as you know it will likely cause them to loose the job, it would need to be very bad before I went there. Anything else is vindictive.

Bluntness100 · 17/11/2020 21:16

As sorry ignore the bit on requesting a copy, I think you need to fall on your sword and speak to them.

notheragain41 · 17/11/2020 21:20

OP I've found this in regards to trying to get a copy, not sure how you prove it without seeing it (have you got your old appraisals demonstrating good work?) ACAS are probably your best bet:

"Of course, where the individual is not permitted access to a reference, they are unable to challenge its contents. Where the individual has evidence that the ex-employer had provided a negligent reference, they could bring a claim in the county court and request that the court orders disclosure of the reference."

AntiHop · 17/11/2020 21:20

Is there anyone else you can approach for a reference? Eg someone who was senior to you but left the company?

I'd go back to the company who have offered you a job and ask them to reconsider. Can you get extra references from people who have been senior to you in other jobs, or clients, and offer to provide these to your new employer?

titchy · 17/11/2020 21:35

You must go back to the place that made you the offer and ask them to reconsider on the basis that you do not believe the reference was accurate. Suggest an extended probation period or one month trial maybe?

EmpressoftheMundane · 17/11/2020 21:44

I think you did the right thing by going back to your old company’s HR dept and threatening legal action.

BBOA · 17/11/2020 22:02

Yes agree that you need to go back to the old HR dept and make a subject request to see the reference and your file. Most companies only provide basic facts now as anything more can cause issues for them if the contents are unfounded. Did you have any disciplinary record or high absence?

Original poster
Bearnecessity · 17/11/2020 22:49

Bluntness I wasn't sacked, my contract wasn't renewed I was told because of budgetary reasons. I had no disciplinary record. I did have a six week sick leave during the first Lockdown because my tooth fell out on day 2 of Lockdown and I couldn't see a dentist for months so had to take high powered pain killers which disagreed with me but I told the new employer all of this upfront. I cannot approach anyone-else they already had two alternative good references but because I work in education under safeguarding rules they can and have sought them from my last employer.

OP posts:
Original poster
Bearnecessity · 17/11/2020 22:51

Sorry Bluntness have read your post again my head is. A bit all over the show...

OP posts:
Bluntness100 · 17/11/2020 22:59

Honestly I think you need to call them, tell them you need to work, that the references are losing you jobs, I don’t think there is anyway round it other than to ask them to limit it to factually confirm you worked there and no more

Unless you wish to seek legal action.

Original poster
Bearnecessity · 17/11/2020 23:04

The manager I would have got a reference from has been off for ages on long term sick , the next person in charge and my direct line manager are both being investigated for bullying and incompetence.There is no-one else I could ask, anyway this 'new' employer has made up their mind now.

OP posts:
Original poster
Bearnecessity · 17/11/2020 23:07

They know they are losing me work and could not care less about it. I don't wish to take legal action I just want to work and do a good job.

OP posts:
notangelinajolie · 17/11/2020 23:13

Could you pretend to be a potential employer and write and ask them for a reference. You could make a company name up and use a PO box number. See what comes back.

greyhills · 17/11/2020 23:13

@Bearnecessity

The manager I would have got a reference from has been off for ages on long term sick , the next person in charge and my direct line manager are both being investigated for bullying and incompetence.There is no-one else I could ask, anyway this 'new' employer has made up their mind now.
Have you told the new employer this bit of information? If they find out that the person who provided the reference is untrustworthy, they may look at things in a different light.
prh47bridge · 17/11/2020 23:35

I don't wish to take legal action I just want to work and do a good job

The threat of legal action may be enough to make them stop giving you a poor reference.

EmpressoftheMundane · 17/11/2020 23:38

Perhaps just send the reference to HR. They can confirm your job role, title, employment dates and the fact that you were not under any disciplinary actions.

A lot of companies will only give these sort of objective facts out as a reference because they do not wish to be sued.

FiveFootTwoEyesOfBlue · 17/11/2020 23:42

If you had 6 weeks off sick this year, the reference might have just mentioned this fact - some reference requests ask for details of sickness absence. Sorry.

TableFlowerss · 17/11/2020 23:43

I thought an employer wasn’t allowed to give you a bad reference? They can refuse to give a reference, but that speaks volumes.

As far as I was aware, employment references are literary when you stated/left. It’s not a character reference where it would say ‘Sally is great although age can sometimes spend too much time talking in the kitchen and is sometimes a few mins late after lunch’

TableFlowerss · 17/11/2020 23:44

Literally started

TableFlowerss · 17/11/2020 23:45

@EmpressoftheMundane

Perhaps just send the reference to HR. They can confirm your job role, title, employment dates and the fact that you were not under any disciplinary actions.

A lot of companies will only give these sort of objective facts out as a reference because they do not wish to be sued.

That’s what I thought. I didn’t know the reason behind it but what you say makes sense.