Bad Work Reference

[calebsmum]

Hope some one has some knowledge regarding work references, a couple of years ago I worked as a Buyer for the NHS, the whole time I was there I was harrassed by my boss. After I fell pregnant she told me my job would not be available part-time even though other people did the same job and job shared. I felt to intimidated to do anything about this, she offered me a lower payed job and I said yes. After I had given birth she harrassed me by phone, mail and email asking when I was returning, I decided not to go back and told her. Recently I applied for a new job and put her down as a reference, she told the interviewer that I was a 'horrid person', very lazy and didn't work hard. As a result i didn't get the job and it's really detented my confidence. I did work hard although I had problems due to the constant harassment and critiscism of my work. Is there anything I can do as i'm scared to apply for work now!

I didn't think they could give you a bad reference. Esp not at the NHS...smaller firms maybe BUT big companies usually have to have referrences passed to their HR dept and they have a standard form to complete. Just ask for a "tick" on time keeping,ability to do the role etc etc.

It doesn't ask for an opinion..thats what I knew anyway. It may be that this has gone to this person directly and she has filled it on behalf of hr, in that case I don't think thats allowed. I know management at my old place had to pass at references onto hr. I would chase your old hr and ask them about it...

a reference should be given upon fact not feeling! and if you cant give a good ref you are supposed to decline giving one..shes a bitch!

id go above her and compalin..did you have anything on your file about her issues? did she ever log anything, give you warnings?..then shes just being a child and her boss's should know!

Agree with other posters, you should speak to your old HR department and complain. In future put the HR manager or another colleague down as your referee. She sounds very unprofessional and vindictive.

Talk to the HR department and ask to see your file.

There is something legal about not being allowed to give references like this, which is why most corporate references these days are totally bland, but I can't remember the details so I'm sod all use to you! You need someone who specialises in employment law but it's really worth pursuing as she was totally out of order. Meanwhile, make sure you don't give her as a referee again!

Do you know, I'd want to give her some unpleasant and untraceable misfortune if I were you.

I'm not sure the law PREVENTS you from giving a nasty reference like this, but you have to be prepared for the candidate to ask to see it, and it lays you open to the threat of legal action. Data Protection legislation entitles you to ask for a copy of that reference calebsmum (not sure if you have actually seen it, or just been told of its content).
Once you have a copy, then you need to go back to the HR Department of where you worked and tell them you intend to prosecute.
Were any of the previous problems with her documented - ie, did you receive any written warnings, or were any disciplinary meetings scheduled and minuted? Because if not, then she has no evidence for her nasty assertions and hopefully you can hang her out to dry.

Thanks for the replies, thing is even thinking about having to see her again makes me break out in a cold sweat! She's since been promoted as is now the top manager in her department, so I think I can only go to HR. Will send them an email, the people I went for the new job with said it was the worst reference they had ever received and they could believe how bad it was. She phoned them and said alot of it over the phone so not sure if they will testify to this. It was also about 5 months ago so will that matter??

You are not allowed to give a bad reference unless issues have been highlighted and addressed with you previously and you had been given a chance to improve and failed and there needs to be documented evidence of that (not that you needed to improve...she sounds like a PITA.) As previously said, you need to speak to the HR dept. i work for the NHS and what she has done is certainly not permitted!

"Were any of the previous problems with her documented - ie, did you receive any written warnings, or were any disciplinary meetings scheduled and minuted? Because if not, then she has no evidence for her nasty assertions and hopefully you can hang her out to dry."

I saw a counsellor at the hospital as I felt so low, also she brought a disciplinary procedure against me as I had been on the internet. I'd found out I was pregnant and was looking up info on the internet, thing is when I was working I left the internet browser open so it looked like i'd been on it all day. I received a written warning and it says in the file that after 6mths it wasn't to be mentioned in any references ect. She DID mention it in my reference over the phone.

you have proof she said these things as people who asked her will have it noted!..get them to give you a copy!..BTW did youi get the job!

Hi Strawberry,

i was offered the job but because of the severity of the reference they had no choice but to withdraw the offer, so no I didn't. Have emailed HR asking for a copy of the ref. Feel so nervous!!

For advice on references (from an employer's perspective) see:

references

my sister works for employment law and ive always understood from her that a company isnt allowed to give a bad reference.they have to give you a good, fair reference or refuse to give you one.

i'll see if she's in later and try to find out abit more for you

I have a friend whose lawyer threathened M&S for something similar. You should not get a negative reference without proof eg appraisals and reviews signed by both parties.

You should get a copy from your prospective employers first, then from the NHS seek legal advice coz my friend just got 25K compensation for it. when she tried to retrieve the copy frpm M&S, they wrote to the prospective employers retracting the adverse reference and attempted to replace it with a good one.

Do not let them get away with it.

seek legal advice elsewhere, that is. not from the NHS.

You should find a good employment lawyer who won't take money upfront. or check with CAB or ACAS

Looks like there's nothing i can do, my previous boss has to give her permission for the reference she wrote to be released and she won't give permission so there's nothing I can do.

Also the job I was refused due to the bad reference i've re-applied for and now because i've been trying to trace down the bad reference she gave me I think i've impeded any chance of getting the job again.

No. You have the right to see the reference. Will see if I can track down the relevant information for you. I think you may be able to track it down via a data protection request - and I am certain your former boss does not have the right to keep the reference a secret.

Yes, thought so. See here:

references

This is borderline climbing into your character if you ask me, I will be inclined to follow this issue up with the NHS and her superiors.

I agree with mumandlovingit..I thought only good references could be given or not at all..