Resigned after discrimination - how to explain to potential employer?

[ParyMoppins]

Hi,

Without going in to too much detail I am wondering what to do about the situation I find myself in.

I recently resigned from my job and have taken it up with a Solicitor who is in early conciliation on my behalf. We think it will reach a tribunal as I have a good case.

However, if I am intending to take my previous employer to a tribunal. How on earth can I explain this in an interview? I have a feeling that no matter what the reason was for my resignation, a potential employer might think twice. I can't help feeling that I will be seen as difficult or a trouble maker.

I know I don't need to mention anything on job applications (and haven't) but am worried about interviews. Also, I need a reference from my previous employer - I doubt this will be very forthcoming!

Has anyone had any experience of this and how did you approach it?

Thanks in advance.

If your case is successful you'll be able to negotiate a reference.

In the short term though it's a bit more difficult. However if you can't get another job until you have the reference, the impact in your earnings would be taken into account when making a compensation award. I'm rusty in this, but I think the maximum would be a year's salary.

No guarantees though that you WILL win the tribunal.

If you've got a decent cv otherwise, you should be able to provide references from other employers. You can always include a note briefly outlining the situation & hope that in the context of a strong cv that not much importance will be attached to it.

It depends on your industry too - some industries are very close knit.

In all honesty, I'm reviewing CVs this morning and I only want to interview 6 out of the 60 who applied. Seeing "taking former employer to tribunal" as the reason for leaving would probably be reason enough for me to put you in the no pile if you were borderline. If you're an exceptional candidate, I'd probably be inclined to overlook it.

Thanks for that YoullLikeItNotaLot. You sound as if you are busy so I do appreciate the quick reply.

I am not relying on winning a tribunal but I can't walk away from my situation without holding my former employer accountable for their actions.

If my Solicitor thinks we have a good enough case to take forward (former employer has not even responded yet in early conciliation) then I will at least give it a try. It may be that it doesn't get that far depending on the early conciliation outcome but I am prepared to take it all the way if I must.

I feel on top of the treatment I received at the hands of my former employer - having to negotiate the situation during interviews and think of ways to put a positive spin on it (looks hopeful!) it seems very unfair.

My job wasn't the top flight type and it is not as is I am well know in an industry in general. I just feel that potential employers might just see me as a person to be avoided. I don't know how open I should be in an interview if asked as it's obviously bad form to say anything negative about a previous employer.

I think I will have to just try and gauge how much sympathy an interviewer might have and adjust accordingly without giving ALL the gory details.

I'm not sure why you'd tell a new employer at all tbh. Plenty of people leave roles because they feel ill-treated, or because of disagreements with their manager or other things that might be perceived negatively elsewhere. In most cases people say something vague and non-descript about career development or something as a reason for leaving. The reference may be an issue - do you know what your previous employer's policy is in this area? Do managers give references or HR? Do they give full references or simply give basic employment details?

I think being vague will have to be the way forward. I just don't want to come across as being shifty and evasive if asked specifically my reasons for leaving. Why would I make myself unemployed just because I fancied a change etc? I think it would be common sense to find something else before you moved on.

I don't intend to say anything if it can be avoided. It is a good few years since I've been interviewed and I just want to come across in the best way possible.

I will have a think about what I can say. I feel asking why I left is a reasonable question from them that I'm expecting to come up.

Refrences are done by the owner. It's a smallish company so the owner is heavily involved and seems to take it personally when anyone leaves. This seems to have lead to very so-so references.

Hopefully they won't matter so much if I do well in an interview. I guess this is why I'm worrying about it all.

Thanks for replying Flowery

There is no HR department btw.

I was in a similar situation. Walked out and claimed constructive dismissal. I knew that old company would settle with me for a modest sum, but it took a few weeks. I lined up a couple of senior people who could provide a reference (my immediate boss was a dick, but other people were ok). Ultimately by the time new company requested reference, all was sorted and they got dates only reference as per my comp agreement.

I never told new company what happened, although I have since alluded to a difference of opinion. In interview I said that I had been there 5 years and wanted new challenges etc.

Is there a chance you could get a reference off a former medium-tier boss? DP is doing that (harassment and then sacking which he's successfully sued), and it's been helping.

As to "why did you leave this job?" - perhaps somebody else can give you a stonkingly good answer. It does seem a bit trite to say "travelling!" or "needed a fresh challenge" or similar, but try to find something that's closest to the truth for you. Particularly if you've been in the same job for a fair few years, you'd be surprised how many potential employers understand "I just needed a break before starting my next job" (dressed up in more professional terms). And that wouldn't be lying - sounds like you do need a break!

I've been interviewing for jobs lately and what really helps is reading those "tough interview questions" books. It helps to take my personality and/or sad stories out of the equation and focus on the positives - and simply proving that I've got XX or YY skill-set through these set examples. If you start off with the positive, then approach the "reason for leaving" part of the interview in that - want of better word - more impersonal mindspace, you'll probably do fine.

Hope you're OK, by the way. PM me if you like.

I employed someone who left a job due to discrimination.

The person in question had come to an agreement with their employer - no tribunal, they made a payout and agreed reason for leaving would be redundancy, and they would provide a reference.

When it came to taking up a reference, they went back on the agreement and were not very nice. However, they were able to provide me with evidence of the original agreement, and were such an impressive candidate, it was sorted quite easily.

Don't worry that it will necessarily be a barrier to the point where it detracts from all the positive things you can offer!

Thank you to those who have replied to my posts.

I now have confirmation we are going ahead and applying to the tribunal.

I have handed in a job application today which I feel pretty good about so I do feel quite positive at the moment despite my slightly negative musings.

I will look into some tough interview books - thanks to the poster who suggested that. If the question comes up I will try to answer in an honest but vague sort of way..I will say whatever I say on the day I guess.

In the meantime I reallly want the job I have applied for today. Fingers crossed!

Don't tell the new employer at interview. Think of something else, you wanted a new challenge, the project had come to an end, you wanted to gain experience in xxxxxx.
I have recruited thousands of people. Only one ever told me at their interview she was taking previous employer to tribunal. Funnily enough she did get the job, her explanation was fine and we had no qualms about her and her tribunal settled anyway. But that was one out of thousands of interviews and I still don't think you need to tell them, it's 'over sharing' a bit.

Sorry, I just need to clarify something. There is no law which compels an employer to provide a reference.

If you win at the Employment Tribunal you won't be awarded a reference. You'll just have a judgment saying you were discriminated against/constructively dismissed (& hopefully compensation).

If you reach a settlement; then it is very likely that your solicitor will (and quite frankly should) suggest negotiating a reference as part of the terms. However, an employer does not have to agree to provide a reference. It is rare they would refuse but they can and it has regrettably happened on cases that I have advised on.

I hope you are successful with your claim and your new job application.

Thanks again people who have posted.

I have now luckily been able to line up a reference through my old manager so there shouldn't be a problem there.

It is the interview which worries me most but am aiming to find a satisfactory answer in a not dishonest way.

My solicitor and I have not discussed what we will negotiate (if that is the case) but at the moment they are preparing a claim to submit to the tribunal

Thanks for all your help and good wishes.