Bad reference - how to find out what they said!

[Vicbic]

I am hoping someone can offer some advice as I am really in a tizz about this.
My DP was due to start a new job today, but received an email on Thursday afternoon telling him that due to 'a very unsatisfactory reference' the job offer has been withdrawn - leaving him with no job and us with no money as I am currently on maternity leave - arrgghh :(
He called them today to find out what was said and who gave him the reference (he had provided two) but the company he was due to start work with wouldn't tell him anything about what the reference said or who it was from. They said that as it was a telephone reference they weren't able to release any details.
Can this be true? In effect my DP has lost a job due to something someone has said but he is not allowed to know who said it, or what they said, and is therefore completely unable to defend himself against whatever allegations they made - they could have said anything! What if they said he stole things, or was violent? He had an argument with his ex-boss before he left, who was the reason he was leaving anyway, and so we strongly suspect he has made something up.

As it was a family business he was working for (although his boss was an employee rather than a family member) they don't have any formal HR procedures in place and so there would have been no guidelines about what he was and wasn't allowed to say when providing a reference).
Any help very much appreciated - we don't know what to do for the best - any other jobs he applies for are going to come up against the same problem as before his last two jobs he was self-employed and working in a different area altogether, so these are the only two references he can actually put down - and without knowing what the problem is we can't begin to solve it.

My sympathies on this but it's a little weird. You DH must have written the names of the two referees. Are you absolutely sure he doesn't know who it was?

Despite that, my recollection is that it isn't against the law to give a bad reference par see but it is to give a misleading or in accurate one.

I would jump on this ASAP OP. Write or contact both referees immediately and ask to see a copy/transcript/gist of what was said IN WRITING. Be honest. Tell them it cost your DH the job. I would imagine that the genuine one will be happy to oblige. At any rate if the 'good' one provides a copy then changes it when actually proving a reference than you have written evidence and you can let your lawyer answer it.

Still a bit weird though...

Sorry didn't read properly re argument .

If it was ex boss provided and he has knowingly provided a false or misleading reference then you can let your lawyer on him.

But be sure OP that DH is telling you everything here; like the real reason the row happened?

Best of luck :)

I often give telephone references and I suspect the problem maybe the most common last question which is usually 'Would you re-employ this person?'

Thanks plucked and liz
He actually had given his notice a week or so beforehand and done it quite amicably and with his boss saying he would be happy to provide him with a good reference, so the reason he was leaving wasn't to do with the argument. And they always had an 'open and frank' relationship anyway! In fact his boss said that he liked it as DP would always be honest with him and not agree with him for the sake of it.

Lizcat that's a good point - it's just odd as at interview he explained the relationship with his boss (but was very careful to stay professional and not say anything negative) and they understood about how it just didn't work out - so to go from that to saying it was a "very unsatisfactory" reference seems to go beyond that.

unless of course there is jiggery pokery on the company's part and they are using that as an excuse.

Either way; I'd contact those referees pronto.

Will do - thanks plucked
DP called ACAS earlier and they said there is no right to know what was said unless they were making false allegations. How on earth can he challenge it if they have make them, if he doesn't know what was said!!!!!!

Well I would disagree with ACAS. The Data Protection Act clearly gives anyone the right to view any data held on record.

Of course that would mean non-verbal.

I think the answer lies with the refrees tho'

Just a quick update...

DP called the man from the new company who actually took the references over the phone and he wouldn't provide any detail but did say which referee it was.
This wasn't the one he expected!

As plucked suggested DP got in touch with this referee who was aghast at what had happened and said it was a positive refence, and the only thing which could have remotely been interpreted negatively was that she said he was 'strong-minded' (he is!!). She also told them that she viewed this as a positive.
Therefore as long as she is telling the truth (no reason at all to suspect not - they always got on very well) then the new employers have elaborated (to say the very least) and used this as an excuse -which also explains why they didn't want to say what had concerned them.
She also told him she gave the reference to the new company two weeks ago, not on Thurs as they claimed.

So I strongly suspect they have indeed been mucking about - possibly our ding out someone else for the role and keeping DP as a reserve just in case. I am really angry about this as DP is left without a job and I'm not back at work for a while yet (although trying to return earlier now if possible).

However on the positive side it means DP still has referees he can use for future applications. And also he isn't working for a company who think it's alright to play around with people's livelihoods - bastards! Thanks very much for your help!

Thats an awful thing to have happened to your DH OP but at least it isn bad refs so yeh!

Good luck for the future! ( and he prob had a v lucky escape!)

Hope your DH gets a job soon. That company really do sound like a shower of shites.

.....not sure if you might be able to take action against this firm for withdrawing an offer. I'd consider putting in a call to a lawyer to check. If you do have a case then your claim is for financial loss incurred - ie wages lost. But, no idea if you can take action in these circs...