How to find out if my previous employer has given a bad reference?

[Mxflamingnoravera]

I left my job via voluntary redundancy last month. I applied for and got a verbal offer from a new employer and then suddenly got an email saying "after careful consideration we have decided not to offer you the post of xxx". I wrote back asking for feedback - I had no reply (it's a fairly senior post in a university).

I suspect that my previous employer has not stuck to the agreed reference in our settlement agreement and has verbally given a different reference. There is no one at my previous employer who actually knows anything about my work or skills because my line manager left months ago because of the toxic environment, but the process of redundancy was a bit fraught because I knew they were targeting me because I was under two years service and had no rights and spoke up about workloads for my team. I nonetheless managed to negotiate an exit with a settlement agreement and an agreed reference.

I requested to see my recruitment data under a subject access request and it has arrived but has nothing included about their decision and no scoring on the interview notes which are not the originals (ie handwritten, but typed up versions of my responses).

I am now deeply worried that any job I go for in my field is going to be scuppered by my last employer via informal references (this is an assumption) and I believe that the employer who rejected me should have provided either feedback or copies of notes taken of telephone reference checks or minutes of meetings where my appointment was discussed. These have not been provided despite my request to provide them.

What the heck do I do? I'm buggered if I can't get a job, I'm 60 and can't relocate so I'm stuck in my city where we have four universities within daily travel distance and who all talk to each other. I just feel shafted. My role is very niche so there are few vacancies that come up.

Isnt it illegal to give a bad reference?

Hmm. Do you look younger than you are? I don't think anyone's giving bad references to deliberately scupper your chances, why would they?

I think it's possible they realised you were 60 after offering you the role.

No. References need to be factual, but they can be bad if that's how things were. Highly unusual for anyone to give a bad reference though, they're more likely to decline to give one at all or just give one confirming dates of employment.

Or the other thing that happens in my industry is after the original reference request were asked for attendance details . I've seen job offers withdrawn on the back of that, although that information is only given with specific authority from the applicant.

They could just have decided not to fill the post.

You are entitled to see a copy of the reference.

You can also ask for an explanation for their change of mind.

Although if this is all being done verbally through personal connections you are stuffed.

Sorry what a shit situation.

I told them at interview my age. If a ref was done it would have been an off the record one and that's what bothers me..., but surely there should be a record so where it f why I was rejected. There's nothing in the documents they've sent me- no decision or scores or any outcome papers which seems odd.

The reference was agreed as part of my settlement so should not have been anything other than that. Unless it's off the record, which is sneaky and underhand and would have been a lie as I have exemplary record art from my departure which was spring on me and I pushed them to give me a better deal.

My last employer is a toxic organisation and would not think twice about the impact of what they say.

Do you have anything in writing about the agreed reference?

The thing with an agreed reference is that it's often clear it's an agreed reference. I work in education, we send out reference request forms which are always completed except; certain companies who only provide confirmation of dates of employment (care homes and supermarkets usually do this); and an agreed reference which just comes on headed paper and a typed up letter.

So it's possible they could tell it was an agreed reference and have read between the lines.

Not correct, unfortunately.

There's an exemption within the Data Protection Act 2018 which means any organisation that receives a SAR can legitimately withhold an employment reference about the individual making the request if they feel it was provided to them in confidence.

OP, it's also perfectly legal for them to have provided you with typed up versions of the notes, rather than the original handwritten ones. The only caveat being, they shouldn't have omitted any of the original information unless they could justify doing so under an exemption. If you believe something (other than the reference) has been omitted, then go back to them with specific examples and ask to understand why.

I'm just going to have let it go, and try to find something outside my knowledge set but inside my skill set. I'm just worried that my last employer could do it again (if this is the reason for the sudden withdrawal of the offer.

Not sure how helpful it is or how often it might happen but I recently joined a new company where my references were never followed up. At least I think so as I always put "available on request" onto my CV and noone requested them. I was very surprised! Not sure if it might ever happen in academia.

Hopefully being in a nice field would still give you an advantage!

Good luck
😮

Sorry haven't managed to delete the wrong smiley and meant niche field

Thanks all for your thoughts, I contacted my solicitor today, without clear evidence there is little I can do. But I've applied for five jobs outside education today and have had two recruiters contact me so I'm upbeat about moving out of educational sectors and into something else for my last 7 years before retirement.