Marc Gander - The Consumer Survival Handbook


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  1. #1
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    Default Employment Law Breach/

    Hello, first time on this forum and was wondering if anyone could advise me,

    So i have been working for a company for 2 years lets call them "B" i have had no issues here but due to the time it takes for my travel i looked elsewhere for employment closer to home, i applied to a company local to myself i will refer to them as "F".

    I was invited for an interview and also had 3 phone interviews, after a few weeks i was offered the job via Conditional offer, i accepted this offer, provided the information required "references" and handed my notice in at my current job with "B".

    A few days later i was invited in to "F" get all my details sorted out and sign a contract which i did, this was a few days after providing the information requested.

    the next day (4 days before my start date and 1 day before i left "B", i received a phone callicon stating that due to a negative reference from another company (lets call them "M") they are withdrawing the offer of employment, this is 2 days after i signed a contract with this company to start work the next week.

    Now the reference provided from "M" differs greatly from the reference "M" Provided to me when i started work at "B", i have copies of both references and also the signed contracts.

    The original reference provided by "m" before i started with "B" in 2016 was very positive and would be considered a good reference, the reference provided by "M" in 2018 is a very negative reference and does not reflect in anyway myself or the reference the same person from the same company provided in 2016.

    I feel that both "M" for the negative reference and "F" for withdrawing the offer after signing a contract are in breach of some Law here, i am now without a job for the first time in over 8 years, i have bills to pay and less than 1 months paycheck to get me by until i find a new job.

    If anyone has some knowledge on this subject any help would be appreciated, i can answer any questions if need be.

    Thanks.


  2. #2
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    Default Re: Employment Law Breach/

    a) never ever hand in your notice unless the offer is unconditional; if you do, anything that happens bad as a result is on you


    b) try sending new company a copy of old reference and see if they are willing to check they have the correct John Hodgers


    c) you have some redress if new reference is factually incorrect. Is it?


    Workwise: get yoursef registered for temp/interim work...

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  3. #3
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    John Hodgers Novitiate



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    Default Re: Employment Law Breach/

    the reference provided, is false, and also differs greatly from the one provided in 2016 by the same person, Company "F" is not willing to re-consider, company "B" has already hired my replacement (i trained them).


  4. #4
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    Default Re: Employment Law Breach/

    False in what way?


    And, get temping!

    Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!
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  5. #5
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    Default Re: Employment Law Breach/

    the information provided does not reflect what happened whilst i worked for M, and also contradicts the original reference provided by them in 2016.

    Alot off the temp work available locally is hours i cannot do and anything which is not is too far/expensive to travel to on public transport due to the awkward location i live.


  6. #6
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    Default Re: Employment Law Breach/

    Can't help while you are being vague. Specifically in what way is it false?


    And I really can't help with your choice to live somewhere awkward and not like travelling....

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  7. #7
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    Default Re: Employment Law Breach/

    F are not in breach of the law. They can withdraw or serve notice at any time in the first two years for almost any reason. You might be entitled to some notice. Possibly. Because statutory notice in the first four weeks is nil, and you hadn't started. If, contractually, you were entitled to more, they might owe you some notice pay, but then if you push it you'll definitely never get a job there again.


  8. #8
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    Quote Originally Posted by John Hodgers View Post
    Hello, first time on this forum and was wondering if anyone could advise me,

    So i have been working for a company for 2 years lets call them "B" i have had no issues here but due to the time it takes for my travel i looked elsewhere for employment closer to home, i applied to a company local to myself i will refer to them as "F".

    I was invited for an interview and also had 3 phone interviews, after a few weeks i was offered the job via Conditional offer, i accepted this offer, provided the information required "references" and handed my notice in at my current job with "B".

    A few days later i was invited in to "F" get all my details sorted out and sign a contract which i did, this was a few days after providing the information requested.

    the next day (4 days before my start date and 1 day before i left "B", i received a phone callicon stating that due to a negative reference from another company (lets call them "M") they are withdrawing the offer of employment, this is 2 days after i signed a contract with this company to start work the next week.

    Now the reference provided from "M" differs greatly from the reference "M" Provided to me when i started work at "B", i have copies of both references and also the signed contracts.

    The original reference provided by "m" before i started with "B" in 2016 was very positive and would be considered a good reference, the reference provided by "M" in 2018 is a very negative reference and does not reflect in anyway myself or the reference the same person from the same company provided in 2016.

    I feel that both "M" for the negative reference and "F" for withdrawing the offer after signing a contract are in breach of some Law here, i am now without a job for the first time in over 8 years, i have bills to pay and less than 1 months paycheck to get me by until i find a new job.

    If anyone has some knowledge on this subject any help would be appreciated, i can answer any questions if need be.

    Thanks.


    The information held about you by any company must be accurate (Data Protection Act)


    A defence for inaccurate information is if the company had a reasonable belief in it.

    M can not use that defence as they have given a good reference before

    I believe you have a potential claim against M as they have caused you to suffer loss

    You need to research the DPA

    I don't see how you would have a claim against F except you left out something


  9. #9
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    Default Re: Employment Law Breach/

    Just because two references don't say the same thing does not mean that one is inaccurate or false. I think Joe, two years into his career as an accountant, is perfect for the post of junior accountant with Michael Biggs Ltd, and all the job specification could have been written for his experience and skill level. In think that Joe would be rubbish as the chief financial advisor to the government because he would not have a clue what he is talking about, and doesn't have the skills or experience to do the job. Same person, two references - one good, one bad, both accurate.

    As Emmzzi has said a few times, it depends on what was said and why, and the OP isn't saying. False, in what way????


  10. #10
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    Default

    Quote Originally Posted by Sangie595 View Post
    Just because two references don't say the same thing does not mean that one is inaccurate or false. I think Joe, two years into his career as an accountant, is perfect for the post of junior accountant with Michael Biggs Ltd, and all the job specification could have been written for his experience and skill level. In think that Joe would be rubbish as the chief financial advisor to the government because he would not have a clue what he is talking about, and doesn't have the skills or experience to do the job. Same person, two references - one good, one bad, both accurate.

    As Emmzzi has said a few times, it depends on what was said and why, and the OP isn't saying. False, in what way????


    Using your analogy; to claim that Joe would be rubbish as a govt financial adviser would mean you have accessed him on that

    It also would mean that you have the skills to assess him on that

    I'm a construction site manager but have received training and volunteered as a project manager

    If my contract manager should claim that I will be rubbish as a project manager he would be giving an inaccurate statement

    He doesn't know what training I have received and what experience I have

    To give out any such statement, you need to demonstrate diligence

    The OP who has sight of both references has said one is inaccurate

    It is not our place to speculate


  11. #11
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    Default

    Quote Originally Posted by dondada View Post
    Using your analogy; to claim that Joe would be rubbish as a govt financial adviser would mean you have accessed him on that

    It also would mean that you have the skills to assess him on that

    I'm a construction site manager but have received training and volunteered as a project manager

    If my contract manager should claim that I will be rubbish as a project manager he would be giving an inaccurate statement

    He doesn't know what training I have received and what experience I have

    To give out any such statement, you need to demonstrate diligence

    The OP who has sight of both references has said one is inaccurate

    It is not our place to speculate
    In that case, it is not our right to speculate that one is inaccurate simply because the OP says so either.

    Assessment is not the only criteria for a reference. Opinion is a legitimate criteria, and a legitimate defence against legal action. As is reasonable belief. So I am perfectly within my legal rights to say that I do not believe that Joe would make a good government adviser.

    Without understanding the situation it is simply impossible to assess what, if anything, is legally actionable. There is therefore no way of confidently asserting that there is anything actionable based on no information except the OPs opinion. That is purely speculation.

    Simply because we are told that the two references are different does not mean anything - we don't know what they say, why they say it, or what reason there might be for that difference. Since the OP doesn't seem to want to say anything further on those issues, then there is no reason to speculate about what might or might not be possible to do about it.


  12. #12
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    Default Re: Employment Law Breach/

    Quote Originally Posted by Sangie595 View Post
    In that case, it is not our right to speculate that one is inaccurate simply because the OP says so either.

    Assessment is not the only criteria for a reference. Opinion is a legitimate criteria, and a legitimate defence against legal action. As is reasonable belief. So I am perfectly within my legal rights to say that I do not believe that Joe would make a good government adviser.

    Without understanding the situation it is simply impossible to assess what, if anything, is legally actionable. There is therefore no way of confidently asserting that there is anything actionable based on no information except the OPs opinion. That is purely speculation.

    Simply because we are told that the two references are different does not mean anything - we don't know what they say, why they say it, or what reason there might be for that difference. Since the OP doesn't seem to want to say anything further on those issues, then there is no reason to speculate about what might or might not be possible to do about it.

    I believe the OP is an adult and knows what he is saying

    I take him at face value and give him the best suggestion I have

    I don't see why he would lie

    I'm inclined into believing people unless they demonstrate

    He has been fairly consistent so I believe him

    He is an adult and should know what he is saying

    If he says one is inaccurate, then it is inaccurate. period.


  13. #13
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    Default Re: Employment Law Breach/

    we dont know what questions were asked on the reference request.
    I dont know if you have seen them but consider the sort of stuff that goes on a positive vetting reference request- are they of temperate habit being one of the qustions you used to get asked so sometimes it can be very subjective rather than the usual can they do their job type stuff. The newco may really want to know if you are going to fit in rather than are you capable of doing the tasks so key words will leap out at them (or the absence of). This doesnt mean that a bad reference was given, it may have been identical but it lacked the neccessary flags.


  14. #14
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    Quote Originally Posted by ericsbrother View Post
    I dont know if you have seen them but consider the sort of stuff that goes on a positive vetting reference request-
    It hasnít been positive vetting (PV, or for that matter EPV!) for a good few years ........


  15. #15
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    Default Re: Employment Law Breach/

    back in the days of off the record conversations in smoke filled rooms......



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