Grievance and references

[User2344]

Hi all, name changed as possibly outing. I am about to lodge an informal grievance at work, due to mat discrimination, also going through pre- employment checks as I got another job offer. Are they likely to give a bad mouth me when the new employer asks for a reference, if I proceed with the grievance could this impact mother reference I any way? Any advice much appreciated!

Apologies for all the typos!!

References can only be factual so depending on circumstances they can be considered 'bad'. Most employers only give to and from leaving dates, job title and occasionally reason for leaving so as not to get caught up in any legal complaints by giving a bad reference so it is unlikely it would be mentioned as they could potentially open themselves up to further complaints. Especially if you are raising a discrimination complaint. You say informal, is there a reason rather than a formal complaint?

Thank you! It's been suggested to me to raise it informally first and then formally. It's just what's typically done I suppose. I would prefer if it was resolved informally rather than causing myself too much stress going down the formal route

They wouldn’t mention it in any reference. They would be very stupid to anyway, as it could be viewed as a further act of discrimination, or victimisation (which is an act of detriment for raising allegations of discrimination).

If you would want to pursue it further if not resolved just remember that you only have 3 months to bring a claim from the last act of discrimination. You would start the process by contacting ACAS to start the pre-claim conciliation process

In my experience it can come against you. Not in a written format but in a verbal conversation which my company uses ie they pick up the phone and ask some leading questions and you can tell a lot by what's 'not said'.
You hope they'll be honest but there is no denying that there can be a risk.

I honestly would rethink the need for lodging a grievance if you are leaving anyway. If you feel there has been discrimination and you want to do something about it, then you should leave and claim constructive dismissal, not leave and have a grievance outstanding.

But you'd need legal representation for constructive dismissal and you still need to have evidence of having lodged a grievance while in employment for it then taken seriously by the tribunal. Very few constructive dismissal cases are successful as far as I understand, not to mention expensive. Surely it's easier and faster to sort things out informally rather than wait 3 months Dmdown the line it will still be a weight on your shoulders for many months afterwards if it comes to that?

Are you planning to claim constructive dismissal? If so, you do need to lodge a grievance as you say

I think the chances of this coming up in your references v much depends on what kind of company you work for … I’ve always worked for massive multinationals and they only give job title & dates of employment, but in a smaller/more informal environment I suppose people may check references

Agree with PP that they would be v stupid to say anything negative as it would only add to your claim!

Can you find out how the new employer does their reference checks - eg ask their HR how far back they will be going so you can inform old referees as a courtesy (which is more credible if you’ve had other jobs in last 5-10 years)?

In my last job references were done via a 3rd party & it was just checking titles & dates, in other jobs I’ve not had to give info so I assume no checks? (Ie I’ve had 6 jobs in my career, AFAIK only 2 have done serious checks and in 1 of those cases it’s because the company had v high security in general as high value items on site)

I agree that constructive dismissal is very hard and I rarely ever suggest it. But as you are leaving, I cannot see what the point of a grievance is by itself. If you are not going to claim constructive dismissal, then I really would draw a line under this and move on with your new role.

What is it you want out of this OP? A pay off, recognition for the discrimination?

A lot of what you do now depends on the result you want to achieve.

I want them to admit what they have done was wrong (not sure they would), I want to stand up for myself and make sure they think twice before doing something like this again in the future. If everyone just goes quietly then employers think they can get away with this , don't they? Also a payout would be nice

What is the maternity discrimination that you're claiming happened?

Sounds as though you think you can just make some easy cash off your employer now you're leaving.

Wow, it sounds nothing of the sort.

Sorry you have faced discrimination op. You are right to raise this. I think there are groups that can help - maternity action I think?

Good luck.

This could absolutely be disclosed informally in a conversation. But it's highly unlikely to be, in part as your employer will be delighted you are going & no need to deal with grievance!

I'm not saying that it's the same at all but we had an nightmare employee leave, being managed for poor performance & who brought innumerable complaints - we gave a glowing reference and made no mention of the issues. I do feel bad for his future employer.

@User2344

I want them to admit what they have done was wrong (not sure they would), I want to stand up for myself and make sure they think twice before doing something like this again in the future. If everyone just goes quietly then employers think they can get away with this , don't they? Also a payout would be nice

You are not wrong, but getting a payout isn’t always so easy

I think you would need to:

• raise the issue & allow them to investigate
• then raise a grievance if not satisfied (you can step directly to this also)
• they have a month or so to investigate/come back
• then appeal etc

It can all take months - maybe 3 plus

Meanwhile, a payout might be your notice & 3-6 months salary , and you would have to approach them … support of a union helps, as does getting a solicitor involved.

Does your company have a reputation for paying out, or fighting claims?

If you are able to secure a new job you might find this a better option for you

In your industry do you have to declare if you’ve even made a claim against your employer/gone to a tribunal: is that a consideration?

If you think you have a strong claim then it may be worth your while to consult a solicitor for advice.