Please help the ex bosses boyfriend is giving me terrible references

[twiceshy]

Hi all and I am sorry if I am posting in the wrong place

 

I will try to condense the information has not to ramble.

 

I worked in an admin post that was well paid and a decent pension for 12 years. My mother had set up her own business with her partner a couple of years earlier. In 2010 her partner left her and she begged me to leave my job and work for her doing the admin has she could not do the work.

 

In July 2011 she met another bloke, moved him in and went on holiday with him leaving me in charge to run the business for two weeks. I worked long hours but I did very well doing her work also.

 

She came back and told me she was making me redundant in a weeks time and then she too him on to do my job! Heart broken and angry I left. How could a mother do that to her daughter?

 

She refused to pay me my last months pay and also refused my unspent holiday pay. I took her to an employment tribunial and she ended up paying me a month before it went to court.

 

I put the heart break behind me and set upon finding myself a new job. I applied for around 200 jobs but with no reply even with jobs I was over qualified for. I went self employed for a year has a gardener but has winter set in I did not have enough work so I began applying for jobs again. I have applied for over 100 jobs and still nothing.

 

I took a part time waitressing job to get me and my kids by (I am a single parent) 6 weeks ago. My boss is really impressed with me but I love admin so I have still been applying for other jobs. My boss called me into the office today and said they have checked my references out and my mothers boyfriend has given me a shocking reference.

 

I told my boss everything and she told me not to worry has I am one of the best staff there.

 

Is there anything I can to to stop anymore bad references from him? I only met him once and I have never worked with him. I do want to further my career but he has been putting a stop to that for the last 17 months!!

 

Please can someone help me

 

Thanks in advance to you world wise people

[Sidewinder]

First of all you need to get hold of a copy of the reference that has been provided. If your current employer is unwilling to just let you have a copy you must explain that one way or another you are entitled to see it under the Data Protection Act, and that you can make an official request, but it will cost you £10 and you would rather save that if at all possible!

 

In law, a reference must be factual, so read what you are provided with and decide whether this is the case. It is generally good practice to avoid opinion of any sort and stick to facts - dates worked, salary, job role and usually sickness record, whether subject to disciplinary sanctions and reason for leaving. One killer question is 'Would you employ the applicant again in the future?" and a No answer can look fairly damning on it's own, but is strictly speaking not much you can do anything about.

 

If the reference is out and out untruthful however, then you can threaten action for malicious falsehood or defamation, however to actually go through with such a threat would be financially crippling - one reason for libel actions usually being reserved for the very wealthy and with the most to lose. It may be worthwhile paying a solicitor to issue a Cease and Desist letter to the originator of the reference as this demonstrates that you are serious, whilst stopping short of threatening an action that they would know was unlikely.

[Sidewinder]

I have also moved your thread to the Employment forum

[twiceshy]

Hi and thanks

 

I ran the business for two weeks and did above and beyond whilst they was on holiday and he is saying I was under preforming ! And he also said he would under no circumstances re employ me. I never worked with the man nor did he know me so how can he ruin my career like this?

[twiceshy]

I have also been harrassed by my sister on my business facebook page. She went into a essay style rant for all my customers to see! Another reason for me to look for another job! She was disaproving of my taking my mother to a tribunial for my wages

[LaughingGirl]

Don't use them as a reference in future. You have a built in 'get out' clause in your case - if your prospective employer asks why you're not using her company for a reference, all you have to say is 'My mother owns the company!' Just use your current and previous employer instead.

 

I'm really sorry that you're going through this, it can't be pleasant at all. Sadly, as Sidewinder has already said, any action that you could take over this is likely to be incredibly expensive...you may just have to move on for your own sanity I'm afraid.

[twiceshy]

I cannot believe I am getting harrassed by members of my family and now this and there is nothing I can do about it

 

I have just found this on the HMRC website

 

Bad references

 

If the worker thinks they’ve been given an unfair or misleading reference, they may be able to claim damages in a court. The previous employer must be able to back up the reference - eg, by supplying examples of warning letters.

 

Workers must be able to show that:

 

it’s misleading or inaccurate

they ‘suffered a loss’ (eg a job offer was withdrawn)

Workers can get legal advice - eg from Citizens Advice. They may also be able to get legal aid.

[LaughingGirl]

Have you got anything in writing to suggest that any job offers were withdrawn as a result of the bad references?

[twiceshy]

No but I could get one....would that make a difference?

[LaughingGirl]

It would if you intended to take legal action, because you'd have to show that you suffered some kind of loss as a result of their actions.

[stu007]

Hi

 

This may be of use:

[Sidewinder]

Hi

 

This may be of use:

 

Huh?

[twiceshy]

I am assuming my mother would be held responsible for the actions of her boyfriend to the reference he gave me.....hence she will be liable....going to phone acas in the morning to clarify

[Sidewinder]

That would be a given - he has issued the reference on behalf of the business therefore the business has to take responsibility for his actions.

[twiceshy]

To be honest they are both lacking in business knowledge

 

They would not dream of looking at their responsibilities has an employer, her employer liability certificate ran out a year before I started and I pointed it out! I am not dealing with professional's that is why I need sound advice.

 

Thanks for all input and I will keep you posted and donations will be along shortly

[stu007]

Hi

 

Just a question the rant your sister made on your facebook did she during the rant at all refer to employment issues when you were employed by your mother that only your mother as your employer would be aware of?

[twiceshy]

Yes very much so then distributed the message to all my personal friends on facebook also.....I wept for days...thankfully my personal friends know I am hard working and loyal but it harmed my reputation has a business.

[stu007]

Hi

 

Well if that information posted on facebook referred to employment issue that only your ex employer would know about then (Please keep screenshot or print it all off and keep it safe and please remember to keep a good paper trail)

 

Now this is just my opinion but if so then the ex employer has:

 

1. Breach of Confidentiality.

2. Breach of the Data Protection Act.

 

I would send your exemployer a Subject Access Request (SAR) there is a template in CAGs Library

[twiceshy]

I thought a SAR was for debt only but just checked it out and I will do. All of the information breached was between the manager and me (no other employee's). I believe a case is building up here...thanks ever so much x

[twiceshy]

Hi all and good evening,

 

I will try and keep this short has I need help about a post I previously posted about. I worked for a good company for 11 years . My mother had her own business and her partner which was also her boyfriend left her and the company. She begged me to leave the company to do the administration for her so I did. 16 months later she met a new fella , moved him in within a month, made me redundant and le him do the administration work off the books.

 

She refused to pay me my wages ect, went to a tribubial and she settled out of court. I have moved on from the hurt but recently received a bad reference from her boyfriend for me for my new employment. He stated he worked has my employer for 18 months and he signed off has director for the company.

 

Last week I sent off for a subject access request to him and today I got a reply. He is denying everything he has said in the reference (although I have a copy of it). He states that he has never worked for the company although he signed the reference has Director (checked on companys house and he is not) .

 

My question is has he commited fraud on this reference? He obviously does not know I have a copy of it.

 

Any help will be gratefully received.

 

Thanks in advance

[ims21]

Two threads merged...please keep to this one thread for this issue

[twiceshy]

Hi and thanks

 

Still unsure on navigation through the forum , has I posted last week I thought the original post would be archived in some way

[honeybee13]

Hi and thanks

 

Still unsure on navigation through the forum , has I posted last week I thought the original post would be archived in some way

 

Hello there. Threads aren't archived here, although sometimes they're closed. If you come to the employment forum, your thread will be here although it may have sunk down the page a bit. The whole point of the forum is that problems are aired here and that future caggers with problems can see the advice that has been given.

 

Would it help if you bookmark your thread, then you would be able to come straight to it another time?

 

My best, HB

[twiceshy]

Thanks honey bee...hope someone can answer my question soon x