Bad reference

[Fluffybubble]

What do I do if I feel my previous employer is giving a negative reference?

I recently applied for a job and gave my reason for leaving my last post as 'end of maternity leave', which it was! (My previous employer could not accommodate my request for part time hours due to 'business needs', and so I resigned.) When the prospective employer requested confirmation of my reason for leaving from my old company they stated 'domestic difficulties' as the reason! As a result I have had to explain and justify my reason for leaving to the new employer who, luckily, took my word for it.

I have spoken to my previous employer (a large company, the HR department is now centralised somewhere) and they have said that my ex-manager has put these details onto the system and that they can't amend it without her say-so. I then spoke to my manager, who has said that it is not that simple and that she is off on holiday for a week, so she will try to sort it when she gets back...

Where do I stand with this? I feel that the reason they have given is completely unjustified and that it may threaten my potential employment opportunities, as it indicates that I may be unreliable (I'm really not!).

TIA

It's considered bad practice to give a bad reference these days IMO. Either you give someone a good reference, or you give just a very basic one stating that they worked for you between x and y dates, or, if you really hated them, you decline to give a reference.

I think you can take an (ex) employer to tribunal if you feel they have been unjust or untruthful in a reference. I'd have to double check that for you but I'm pretty sure that's the case. I'm sure someone else more knowledgeable will be along to tell you soon.

However, I wouldn't want to go down that route if I could avoid it. Have you got the new job? If so, maybe best to just leave it? If not, can you try to arrange a meeting with your old manager to discuss?

Contrary to what many people believe, it is perfectly possible to give a bad reference, however the rules are that a reference must not give an overall misleading impression of the candidate, and should be based on facts that can be backed up, rather than subjective opinions.

This reference is giving a misleading overall impression so they must change it. Your maternity leave ending isn't a reason for leaving in itself, but your employer not agreeing to your flexible working request is. Domestic difficulties isn't.

That's rubbish that your ex-HR department can't amend the reference sent out because of a form that was incorrectly completed by your line manager. Write to the Head of HR or whoever's in charge strongly saying that when giving references they have a legal obligation to ensure they are factually accruate and do not give an overall misleading impression. Your understanding is that they are sending out a reference which is both factually inaccurate and is giving a misleading impression of you to potential employers, could they write back as a matter of urgency confirming that the reference has been altered to accurately reflect the situation and send you a copy to prove it.

Their internal systems are nothing to do with you, that's their problem to sort out, you don't have to go chasing your line manager.

Thank you both. I was offered the new job but didn't take it and I am due to start a PGCE in September so although I (hopefully!) do not need to rely on my ex employer for a reference in the near future I am upset that the information they are giving is inaccurate.

I did wonder if they could not acknowledge that they had denied my flexible working request so they had used this reason to cover themselves...

RamblingRosa - I believe that the first reference they gave was a standard 'Fluffybubble worked for us from this date to this date' one. The company who I had applied to went back to my ex employer to confirm my reason for leaving as an extra detail.

flowerybeanbag - I think I will send a letter (using your wording ) to HR directly, as my ex manager did not seem particularly concerned, which is why I am worried. As you say, their internal systems are not my problem...

Thank you both for all of your advice, I really appreciate it.

The other issue also is per the Data Protection Act, they are putting false information on your file.

A company cannot give you a negligent reference. As far as what defines a negligent reference could be inaccurate information and then not amending it when brought to their attention!

Like you say, internal logistics are not your problem!

Thank you too ilovemydogandMrObama - I am going to draft a letter using all of the advice on here (and I will include the negligent part!).

Thank you for your help .