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Is it appropriate to put your employer down as a referee if you have put in a complaint or are considering taking them to a tribunal?

4 replies

Icecreamlady · 27/11/2008 17:52

My manager was more than happy to do me a good reference when she thought she might be seeing the back of me. after i felt forced to resign i have followed the relevant procedures and put in a formal complaint (to which i am not happy with the outcome) and am considering taking it further. anyway since then i haev been trying to find work and have registered with a temp agency. i put my xmanager down as a ref as they required most recent one. anyway she has responded to the agency saying 'unable to give a reference for this person'. where does she and i stand on this? what is the legal side ? and what can i do about my reference?
thank you

OP posts:
BBeingpatient · 27/11/2008 19:22

as they have not given you a bad reference then they've not broken the law, you could try asking her yourself for a written ref.

flowerybeanbag · 27/11/2008 19:30

I've had a peek back at your threads Icecreamlady and it was constructive dismissal that you were considering claiming wasn't it? What's the current situation with regards to your claim? As you will have seen from what I posted for you previously, constructive dismissal is very difficult to prove, particularly as you resigned without trying to resolve the situation internally first, and very stressful and time-consuming.

Are you really considering bringing a claim? You do realise that compensation will only be based on actual financial loss. If you get another job, your financial loss won't be very much, so it would be unlikely to be worth it, unless you are doing it to prove a point. Doing it to prove a point can be a valid reason, and is for some people as long as you are fully aware of the impact it will have on you. The decision should be based on what you realistically what to achieve.

Now I've said my piece on that, in terms of a reference, there is nothing specific legally that says an employer must provide a reference, although there are some legal points you could make if they refuse, depending on what type of work it is, to do with custom and practice and effectively preventing you from gaining employment.

I would suggest you ring your manager if possible and ask why she is refusing to provide a reference. She is certainly able to, but she is refusing. If she didn't feel able to gush about how wonderful you are given the circumstances of your departure, fine, but she can provide a factual reference about your dates of employment, attendance record if requested and what job you were doing.

Have you explained the situation to the agency? What's their take on it? How about contacting HR at your old employer and asking them to provide a reference. If you tell them your manager is refusing to provide a reference they ought to sort you one out fairly pronto given the circumstances.

Icecreamlady · 30/11/2008 13:33

thanks flowery. My complaint is all abotu principle to me, am not doing it for the money and am aware of how little would be awarded. i have been treated so badly there, forced to resign all because (i believe) they didnt think i fit in there personality wise and because they wanted to appoit a full time person (i was part time) and guess what now i have left they haev advertised my job full time! anyway back to the point my manager did me a good ref when i todl her i was considering leaving and now she wants to make things difficult for me to temp!!! havent i suffered enough! she got her way when i resigned. i never expected her to write great things abuot me but as you said she can at least do me a factual one. contacting HR is a good idea but will they just refer it to her? or i was thinking of emailing her manager.

OP posts:
flowerybeanbag · 30/11/2008 14:08

Contact HR and tell them she is refusing. They will either do you one themselves, or will tell her to.

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