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factually untrue reference

9 replies

maydancer · 16/02/2016 20:08

Hi some years ago i worked for an employer who was an arsehole, relations gradually deteriorated, i raised a grievance and then left.
I have just been offered another job subject to references. Arseholes Ltd replied that i had been dismissed due to incompetence. I can prove this isn't true because I have a signed copy of arseholes letter, acknowledging receipt of my resignation and asking me if i would like to reconsider.
Please could somebody offer advice?

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maydancer · 16/02/2016 20:10

Oh I later ended up taking former employer to court over unpaid salary and sex discrimination, so that is why, amongst other things,they are pissed at me!

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GoofyIsACow · 16/02/2016 20:11

I thought employers weren't allowed to give a bad reference?

loopsylala · 16/02/2016 20:20

They are allowed, as long as its accurate.

Choughed · 16/02/2016 20:23

Be honest with your new employer.

And send your old employer a solicitor's letter.

LongHardStare · 16/02/2016 20:25

Have the new employers been good about it? If they're good people to work for, then your proof that the old employers are liars and some details of other good referees should be enough for them. I wouldn't mention the tribunals if you can help it.

Sounds like you'll be in a good position to take arseholes to court again (or at least threaten to)...

maydancer · 16/02/2016 20:38

It is through an agency so I have sent them copies of the letter acknowedging ,my resignation, as well as a favourable review, and letter extending my fixed term contract for another year, dated only six wweeks before I left.I have also supplied an alternative referee.
I would like to make Arseholes sweat a bit too if possible..

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prh47bridge · 17/02/2016 09:53

Employers are allowed to give a bad reference provided it is factually correct. However, if they provide a bad reference which is not correct you can sue them for libel. I would certainly consult a solicitor about this. You could get the solicitor to send a warning shot across their bows or you could go in hard and get some compensation.

maydancer · 18/02/2016 12:27

Update. The agency have themselves requested a reference and it came back with everything ticked as 'very good' or 'excellent' but under reason for leaving do.

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maydancer · 18/02/2016 12:29

under reasons for leaving put 'dismissed due to incompetence'.When the agency queried this the referee came back and said that she had made a mistake and I had left of my own accord.I am wondering whether she has mixed me up with someone else?

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