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Original poster

My old employer has given me a reference that is not only very damaging but is just not true!

26 replies

littlelamb · 23/01/2007 19:04

Is there any kind of action I can take against them? I cant believe they fired me in the first place to be honest, but yesterday my lovely new boss showed me what they had writted. Basically they had ticked every box as 'poor' which is just laughable. They also claimed I had been subject to formal disciplinary action which is an outright lie. My new employer is lovely, and I had already explained that I left on bad terms so they are ignoring the reference. What is worse is that it was addressed to a lovely ex coleague of mine so she would be truthful, but the letter was opened and confiscated by the woman who made my life absolutely miserable by bullying me relentlessly. legally, I know I shouldn't even have seen the reference so I am just really glad my new boss let me see it and reassured me that they could see right through it. But surely my old company aren't allowed to slander me!? I work at a very successful solicitors now and am entitled to free legal advice, so do you think I should take this further? I am not even sure wether or not to give them the satisfaction of me writing them a letter saying how disgusted I am. I am still being bullied by this bitch even now I have left

OP posts:

SenoraPartridge · 23/01/2007 19:08

well, surely being fired amounts to a formal disciplinary action?

You can sue for libel though (which is why most employers just say very pointless and irrelevant things when the employee was crap - "john always turned up for work" kind of thing)

mytwopenceworth · 23/01/2007 19:09

they cant lie. you can take action.

foxinsocks · 23/01/2007 19:10

the bastards - I remember them (and you, well done for getting a new job with lovely people it sounds like!).

If you can get free legal advice, don't see why you shouldn't use it. They should NEVER have got away with treating you so badly, the utter scumbags. That reference COULD have cost you a job and left you really struggling.

mytwopenceworth · 23/01/2007 19:10

References
An employer is not obliged to provide a reference for an employee.

What should be included in a Reference?

Length of service and position held.
Competence on the job.
Honesty.
Time-keeping.
Reasons for leaving.
Any other comments pertaining to the employee such as any lengthy period of absence.
Any other remarks of a more personal nature.

----------------

What are the Key Points to Consider?

Provided that the employer believes the reference to be correct and as long as it is provided without malice, the reference is protected by 'qualified privilege'. This means that the employer will have a defence to any defamation claim brought by the employee if the information turns out to be untrue.
The defence of qualified privilege is lost forever if the statement falls into the hands of a third person who does not have a valid interest in the matter. Such statements should therefore be clearly marked 'Private and Confidential'.
An employer does owe a duty of care to the employee about whom he is writing a reference. The employer must take reasonable care in the preparation of a reference, as he will be held liable in negligence if he fails to do so and the employee suffers damage as a result.
The employer's obligation is to provide a true and fair reference to the best of his knowledge and any statement must not be misleading.

What Action can the Recipient of a Negligent Reference Take?

The recipient of an inaccurate statement may be able to sue the person giving the reference for any loss suffered, if it was reasonably foreseeable that the recipient of a reference would act on its contents.
If reliance has been placed on a carelessly drawn up reference the giver of the reference may be held liable to pay the recipient damages for financial losses that flow directly from the negligence.
Get legal advice

IntergalacticWalrus · 23/01/2007 19:12

es take it further. Luckily you have understanding employers, but the next peron they choose to bully might not be as lucky, and it could cost them thier job.

If you can get free legal advice, then why not? Don't let them get away with it

Good luck in your new job btw

VeniVidiVickiQV · 23/01/2007 19:13

You are entitled to say anything contained within your personnel file, as far as I am aware. Part and parcel of the Data Protection Act, Section 7 I think.

duchesse · 23/01/2007 19:16

They can't lie. That is libel in this context, and damaging at that.
I don't think that employers are even allowed to give bad references these days under EU legislation. They usually stay silent on bad things for fear of being...sued.

This sounds like a cartoon reference, it is so bad. You could sue her if were the same kind of bitch she sounds like (I've worked for a few like her*, and heard of plenty more...)

I'd be very tempted if I were you. She sounds like she could do with a one way ticket back to reality. Does she own the company?

*eg the one who called me 2 weeks after I'd given birth to ask when I was coming back, and then quietly shelved me when I said not yet. (no, I had no contract and yes, she was a beeotch)

Original poster

littlelamb · 23/01/2007 19:16

You just have to search the threads Ive started in the employment forum to understand how much they put me through. But the truth is that I loved my job and was bloody good at it. My colleague is absolutely livid that they opened her mail too. The thing I find interesting about that definition is the word 'malice' That is exactly what this is, and it's spiteful, petty and just so upsetting. I actually creid when I was shown it because I just can't comprehend why someone would go to such lengths to try and ruin my chances

OP posts:

eviletc · 23/01/2007 19:18

definitely take it further. a similar thing happened to a friend of mine - she went back to the old employers and threatened them with legal action over the bad reference and all of a sudden a much nicer (and factually accurate one!) was forthcoming.

good luck

wheresthevalium · 23/01/2007 20:05

I had an identical situation to yours about 2 months ago, Had it not been for my best friend who already worked there explaining it was all lies, I wouldn't have got the job, they would have retracted their offer.

TBH, I ended up writing a few letters complaining, but they denied having given the reference (by telephone only), I ended up leaving it. At the end of the day you have to look at a couple of issues.

What do you hope to achieve?
Will you be any better off in real terms if you take formal action?

Entirely your choice, but in my situation I left it, as the community I work in is very small and would probably have ended up doing ME more harm than good.

Good luck whatever you choose to do

uwila · 23/01/2007 20:25

You aren't the one whose boss used to flick you with a pen are you?

fizzbuzz · 23/01/2007 20:37

Opening someone else's mail is illegal, and against law, as dss was a postie for a year and he has just confirmed this.

i thought it was against law to provide a bad reference under data protection act.

MamaGstring · 23/01/2007 20:37

sue the fuckers

Original poster

littlelamb · 23/01/2007 20:58

No there was no flicking but I basically endured a lot. I was employed on the understanding that I would be in the office ten minutes later than everyone else because of having to drop dd off at nursery. This was agreed and I took time off my lunchbreak. I was there half an hour before the office even opened. But suddenly they decided to revoke that, with no notice. So one of my colleagues started giving me a lift. From then on they made my life a misery, picking through my work and being disparaging about me being a single parent I have all the letters that this woman wrote to me, which basically are proof of her bullying and should it come to it, would be excellent evidence in an case I put against them. I just cannot believe that they are allowed to even suggest that the quality of my work was not up to scratch.

OP posts:

julienetmum · 23/01/2007 22:26

Is opening someone else's mail still illegal when it is addressed to a workplace though?

Where I work it is made clear that two people (me and the company secretary) will open ALL post no matter who it is addressed to and then distribute accordingly.

BURNINGTHECANDLE · 23/01/2007 22:32

Oh little lamb have just read thread thats awful yes you should take action even if it is to provide that unpleasant woman you used to work for that she was out of order and you won't stand for it good luck by the way

JanH · 23/01/2007 22:33

Opening it may not be illegal, julie, but withholding it from the person it was addressed to is certainly dodgy (dunno if it's illegal or not)

lamb, I hope you will take advantage of your free legal advice to put the fear of god into the cow. OK you haven't lost finanically so maybe you can't sue her for compensation, but she needs to know she can't get away with behaving like this.

I'm really glad you've got such a lovely boss now

BURNINGTHECANDLE · 23/01/2007 22:34

What about defamation of character?

wickedwaterwitchhaspmt · 23/01/2007 22:37

Go for it. ESPECIALLY as your legal advice is free. I wouldn't recommend it otherwise. I remember your old company, vile, it was more or less constructive dismissal iirc. Tossers, go for it, glad you've found someone nicer to work for.

Caligula · 23/01/2007 22:38

Do take the free legal advice LL

edam · 23/01/2007 22:44

Agree, take the legal advice, I think she's possibly been very stupid over this. Most employers are very careful over wording references especially when there has been disciplinary action. Sounds as if this woman has just lashed out without thinking. You could have her by the short and curlies.

BURNINGTHECANDLE · 23/01/2007 22:48

Have just read your profile Edam Pmsl

JanH · 23/01/2007 22:49

Don't forget, lamb, you've got chapter and verse of what she did and when she did it in your threads about the old job on here - with that and the free advice you could put her in a very uncomfortable position indeed.

She isn't the boss at that place either, is she? I wonder if you could get a legal letter sent to the actual boss detailing what has happened?

edam · 23/01/2007 22:59

Why, thank you burning. Someone had to do it!

Little, really think it is worth seeking legal advice, most importantly because you may need an accurate reference from them in future. Some jobs want refs from your two most recent employers, for instance.

nearlyfourbob · 23/01/2007 23:08

I left my job in bad circs and it was made clear there would be no references - just a certificate of employment. That's actually in my contract though, so I could use that to show an employer why no reference.

I decided to work for myself and have realised I am a lovely boss.

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