job lost because of bad reference - please help

[caring guy]

I left my last job with a compromise agreement. That included an agreed reference.

 

I recently got a conditional offer of employment letter saying the offer was subject to reference. I have a copy of this and it's a very good reference.

 

I received a call today saying the offer has been withdrawn because "they were not satisfied with my reference". A letter is in the post from them.

 

What can i do? My ex employer must have runied my new job. My questions are:

 

1. Can i get a copy of the reference that was sent by my ex employer?

 

2. I raised a grievance which led to a compromise agreement being agreed. Whilst this all went on I took 3 months off with stress. This is not mentioned in my agreed reference. Can my ex employer refer to this at all?

 

3. Can I take legal action against my ex employer for not following the agreed reference ?

 

I THINK my solicitor said i can take legal action if the ex employer provides anything but the agreed reference.

 

Surely if the offer has been withdrawn and they are mentioning my reference as the reason for the withdrawal of offer this has to be down to my ex employer providing bad information? Is this logical to assume?

 

I am now still unemployed and am becoming desperate to get a job. This is the second time a reference issue has lost me a job since this agreement was reached. There seems to be a pattern here.

 

I thank you for any guidance you can offer.

[Conniff]

If your prospective employer phoned your ex and asked him a direct question ie; are the often off sick, is the timekeeping good etc; then they are obliged to tell the truth even if they have given a different ref in writting and not mentioned that.

[caring guy]

I suspect a phone call was made but my ex employer calling them.

[caring guy]

bump.

[texanbar]

I thought the whole reason of a compromise agreement was to keep both parties happy and that also meant the references agreed beforehand and signed by both parties have to be adhered to?

 

Have their actions now compromised the compromise agreement then?

 

x:)x

[caring guy]

I believe their actions, whether they be wriiten, or verbal, have compromised the agreement.

 

I now have the said letter and it states "unsatisfactory reference from your last employer".

[texanbar]

Hi caring... is there any way you can provide a copy of the 'reference' from your compromise agreement to the prospective employer saying this is what you were expecting should have been sent to them.

 

It might open a dialogue at least. Keep us posted.

 

x:)x

[caring guy]

Hi:

 

I gave them a copy of my reference at the interview.

 

They still wrote asking for a reference regardless.

[bazak1]

In the United Kingdom, a compromise agreement is a specific type of contract, regulated by statute, between an employer and its employee (or ex-employee) under which the employee receives a negotiated financial sum in exchange for agreeing that he or she will have no further claim against the employer as a result of any breach of a statutory obligation by the employer.

Except when ACAS have been involved and arranged a COT3 settlement, compromise agreements are the only means whereby an employee can waive statutory claims such as unfair dismissal, discrimination or redundancy. The agreement will only be valid where (i) it is in writing and (ii) the employee has received independent advice from a solicitor who has professional indemnity insurance. An employee cannot compromise potential future claims, though claims that have already arisen, unknown to the employee, can be waived.

In practice, a compromise agreement will also contain a waiver of any claim for breach of contract as well as statutory claims, though such a waiver does not need to satisfy the same requirements in order to be valid.

 

References must be accurate and shouldn't mislead the employer asking for them. This means that if, for example, you were disciplined when you worked for the employer who's giving you a reference, this may form part of the reference. However, unless you agree, information like your medical record or any spent criminal convictions shouldn't normally be included (as it will not be relevant).

If a reference you have been given isn't accurate or is deliberately misleading it may amount to defamation, in which case, you could claim for libel. You will need to speak to a lawyer about how to do this. If you are still employed it may amount to constructive dismissal.

[caring guy]

Bazak1:

 

Thanks for your reply.

 

My agreed reference states i was not subject to any disciplinary action. I was always an excellent employee. The grievance i raised was over a job being given to somebody who was not qualified for the job. I was qualified. The person who got the job was a partner (by marriage) of the senior management.

 

The sticking point here is the 3 months sick leave. As I said:

 

2. I raised a grievance which led to a compromise agreement being agreed. Whilst this all went on I took 3 months off with stress. This is not mentioned in my agreed reference. Can my ex employer refer to this at all?

 

This, in my opinion, is what stopped me getting the job. I had to involve the union and the compromise agreement was as a result of thier intervention. Luckily i walked away with a years wages but that's no good if your ex employer is screwing up your reference.

[caring guy]

As for your other info:

 

If a reference you have been given isn't accurate or is deliberately misleading it may amount to defamation, in which case, you could claim for libel. You will need to speak to a lawyer about how to do this. If you are still employed it may amount to constructive dismissal.

 

I cannot say that because i cannot get a copy of the reference:

 

1. Can i get a copy of the reference that was sent by my ex employer?

 

I asked the new employer for a copy of the reference supplied and they said it was privelleged information so could not do this.

[bazak1]

Hi caring guy,

 

Asking for a copy of your reference once you start your new job

 

Once you start working for a new employer you can ask them for a copy of any reference they've been given from your previous employers. They should supply it to you under data protection law.

 

visit direct.gov.uk for further info.

[caring guy]

Bazak:

 

I didn't get the job so i do not understand your latest advice.

 

I hadn't started the new job. I lost it before i started it.

Edited August 20, 2009 by caring guy

[bazak1]

Although you never actually got the job, you may still be able to get hold of the reference if the prospective employer has still got it. long shot i know, but worth a go.

 

If you look at the last bit of my post, you will see that if you do manage to get hold of the "poor" reference, you could claim libel.

[caring guy]

"I asked the new employer for a copy of the reference supplied and they said it was privelleged information so could not do this."

 

So, in short, i'm never going to get a copy of the reference.

[Conniff]

If you look at the last bit of my post, you will see that if you do manage to get hold of the "poor" reference, you could claim libel.

 

An employer is entitled to give a truthful reference even if that contains things that may stop someone getting another job or things they might not like. I doesn't mean it is libellous. That won't be determinable until a copy is obtained.

[jackieandwayne]

I've read on here somewhere that you can SAR the company who have received the reference and get it that way. Is this right chaps and is it something that caring guy could think about?

[caring guy]

Hi:

 

I have spoken to the employer who cancelled my job offer.

 

My ex employer has refused to give permission for me to see the reference.

 

References are exempt under the data protection act so a subject access request would be pointless.

 

1.3 The references written by an organisation for the purposes of employment are specifically excluded from the rights to access established by the Act, in the sense that employees are not entitled to have access through their own employer to an employment reference given or to be given, in confidence, by that employer. However, once the reference has been received by the organisation requesting it, it is in principle accessible through that employer. This means that individuals can apply to see references written by you through the other employer and to see references given to you, through you.

1.4 In most cases, disclosure of the reference would necessarily entail disclosure of the referee’s identity and if it were given in confidence the referee’s consent would be required before the reference could be disclosed. If the referee’s consent is refused the recipient can refuse access. The recipient will need to decide whether it is reasonable in all circumstances to dispense with consent.