Friend’s former employer said she was dismissed in reference- she wasn’t

[udbi]

My friend left a job 12 years ago. Reason she left was she split up with ex and moved back with parents 60 miles away.

Had a job for the past 11 years. Applied for a job. This potential employer wants the two last jobs as references. She was offered the job but was pulled after finding out that was dismissed. Fortunately she didn’t hand in notice, was planning to at end of the month.

How can she get the employer from 12 years ago saying she wasn’t dismissed?

Are you certain she wasn’t dismissed?

This has had an actual monetary impact on your friend, and could happen again when she next needs a reference. She should seek legal advice before doing anything.

Nope. She dumped her ex, then handed in notice saying she is unable to live in the home she rented out with him alone. No one nearby to take her in. She was on ok terms with her employer. Doubt anyone she worked with is there anymore

Nope as in you’re not certain?

Would the job she's held for the last 11 years have taken her if the reference from her previous job had stated she'd been dismissed? Would HR in her current job be able to confirm that when they checked her reference there was no mention of it?

She can contact the HR department who claim she was dismissed and ask for evidence of this - which should at least include a dismissal letter outlining the reason for dismissal. If they cannot provide this (assuming not if she wasn’t) then she has a case against them for defamation of character.

How can she get the employer from 12 years ago saying she wasn’t dismissed?

Well the obvious thing is that she writes to them formally, points out that they have provided a refrence that says she was dismissed when she wasn't, and that has caused her job offer to be withdrawn, so would they care to explain why they gave a false reference. If the reference is false then it is actionable.

This. And if she thinks she can't afford legal action, get her to check her home insurance, as a lot of policies offer it as part of your home policy

Also if she’s a union member she will have legal cover & they will help her to sort this out

Personally, I'd ring them and ask.what was going on and I'd be checking my house insurance for legal cover ... I'd sue them.

Write to her former employer and copy in the Data Protection Officer. State that she understands potentially incorrect information was supplied to a prospective employer and she is asking to check the information on record is accurate. If not then please could they amend the data so it is accurate.

This is a softer way of asking for a subject access request. If the soft approach doesn’t work then ask for a SAR.,

Is she able to prove that she wasn’t dismissed? E.g. a copy of her resignation letter.

It may not change the prospective employer’s mind, but it may help if she can prove that she wasn’t dismissed?