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Unfair reference - withdrawal of job offer

8 replies

greendiary · 20/02/2015 18:24

Hi,
Wonder if anyone can help - SS18 was working full time up until today. He was offered a better job a few weeks ago and handed in his notice.
His boss accepted his notice but was a bit annoyed about it. He was due to finish next Friday but boss let him go today.
On Monday SS had an accident with the work van in the car park causing damage to the fence. Boss found out about it before SS had a chance to tell him so was obv annoyed.
Fast forward to today - boss said when letting him go 'the next time you damage a fence make sure you tell the person as it will come back and bite you in the bum'
Now at 5.30 the new job offer has been withdrawn due to bad reference given by old boss.
It's obvious that SS was let away early as boss knew he was giving a bad reference.
Prior to his notice being given in, SS was doing well and they were talking about him going through formal training.
I have spoken to ACAS who suggest we ask for a copy of the reference but wondered if anyone had any other advice.

Also - is it likely the job offer will be reinstated?

He is so hacked off at the moment - understandably.

Any advice would be gratefully received.

Thanks in advance.

OP posts:
CountingThePennies · 20/02/2015 18:29

I havent any advice, but just came on to say when i was your ss age the same thing happened to me.

I was gutted. It was a verbal bad reference and the new company backed up the old company and wouldnt then give me a chance.

Cunts

Employers think they can treat young people how they like as young people are usually vulnerable and dont know their rights

flowery · 20/02/2015 18:51

Whether the job offer is reinstated will depend on what the reference says and whether he can convince them that it is inaccurate. Obviously he should have told his boss immediately he had the accident so he's going to need a very good explanation as to how his boss found out from someone else and the time difference was enough that he was annoyed about it.

Has he actually spoken to the new company yet?

AgentProvocateur · 20/02/2015 19:05

He can ask his old employer for a copy of the reference - I think it's data protection that covers it. Contrary to what most people here believe, it's NOT illegal to give a bad reference, as long as it's true.

SpongeBobJudgeyPants · 20/02/2015 19:07

It may be that the bad reference was given verbally, rather than on paper, so no evidence of it.

stevemLS1 · 20/02/2015 20:16

His old employer is not obliged to provide a copy of the reference, there is a specific exemption under Para 1, Schedule 7 to the Data Protection Act.

The putative new employer though could be asked for a copy.

greendiary · 20/02/2015 22:49

We will ask the (what would have been) new employer for a copy of the reference to see what was said.
I think the boss was out when the accident happened and then my SS was out on deliveries when he came in. I think he was scared of telling him so wanted to see what he could do first. I think the boss is now trying to get SS to pay for the damage.

OP posts:
greendiary · 25/02/2015 09:58

UPDATE - SS has just been reoffered the position back again - he should start Monday. There was a lot of to-ing and fro-ing but a good outcome. Thank you everyone for your advice and help - much appreciated

OP posts:
SpongeBobJudgeyPants · 25/02/2015 17:05

Good news!

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