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Previous Employer Giving A Bad Reference!


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Old 28-04-2008, 13:02
tiggi2006bell
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can Someone Advise Me What I Should Do?

I Use To Work For A Council And Last Year I Left After Being On Maturnity Leave. I Now Looking To Retun To Work And Found A Job With Another Council And They Offered Me The Position Subject To Satisfactory Reference. To Cut The Story Short I Got A Reference In Writing From My Manager Where I Use To Work Before I Left And The New Employer Wrote To The Same Person And Gave Me A Bad Reference. So I Have In Writing A Good Reference And The Same Person Has Now Given Me A Bad Reference. What Should I Do. Unfortunatley The Job Has Been Retracted Because Of This Bad Reference Now.
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Old 28-04-2008, 13:08
ForestChav
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If the reference is true, then nothing.

If not, then it is defamation (provided it is sure that you have lost the offer due to the reference) but would be costly bringing charges against them and you probably wouldn't get much anyway, and you probably wouldn't get the offer as they would have given it to a second choice or something.

Are You Sure It Is The Reference Or Might It Be Down To You Starting Every Word With A Capital Letter Regardless Of Whether It Starts A Sentence Or Is A Proper Noun?

In reality I'd move on and look for another job.
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Old 28-04-2008, 13:12
tiggi2006bell
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thanks for the reply... however the reference obtained from the council in writing is a good reference but when the new employer asked for a reference from my old employer the same person then gave me a bad reference and is not true. I was told from the new employer that they could not take me on because of the bad reference obtained from the council.
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Old 28-04-2008, 13:15
Ja'mie King
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can Someone Advise Me What I Should Do?

I Use To Work For A Council And Last Year I Left After Being On Maturnity Leave. I Now Looking To Retun To Work And Found A Job With Another Council And They Offered Me The Position Subject To Satisfactory Reference. To Cut The Story Short I Got A Reference In Writing From My Manager Where I Use To Work Before I Left And The New Employer Wrote To The Same Person And Gave Me A Bad Reference. So I Have In Writing A Good Reference And The Same Person Has Now Given Me A Bad Reference. What Should I Do. Unfortunatley The Job Has Been Retracted Because Of This Bad Reference Now.
This post hurts my eyes
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Old 28-04-2008, 13:20
leopard_print
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I'd move on, they will have had lots more applicants and won't bother with yours now i'm afraid. I would be tempted to ask the prev. employer why they since did u a bad reference.
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Old 28-04-2008, 13:21
A-Friend
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As the reference relates to you, I believe that you can ask to see a copy of it. I would contact both the employer who gave the (bad) reference, and the person who requested it (ie whoever was handling at the new council) and ask both of them.

Do you have any idea as to what the problem may be? It could be something that the new employers have taken as bad, but your old employer didn't think so (eg number of sick days, strengths/weaknesses, official warnings).

Find out more.
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Old 28-04-2008, 13:26
tiggi2006bell
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i know i have lost the job now but the kind of work i do is mostly through a council so they know of the bad reference. anyway what if i did apply for another job whats to say they give me another bad reference.
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Old 28-04-2008, 13:31
TMullers
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Why do some people insist on capitalising every word? I don't get it :S
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Old 28-04-2008, 13:32
tiggi2006bell
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I cant go into much detail but when i spoke to the council for this new job she said its serious enough not to offer you the job. I have had very few sick leave but the manager was unreasonable with her employees and did not fit in with her gang! MY gripe is how can she give me a good reference and now a bad reference is this right or do i have a case???
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Old 28-04-2008, 13:35
A-Friend
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Why are people so litigious?! You need to find out what was said, not so that you can prove if you have "a case" or not, but so that you can get on with things and avoid a similar situation when you apply for your next job.

I appreciate that you don't want to go in to details with strangers, but you need to know those details for yourself. Do you?

EDIT: off topic but:
Why do some people insist on capitalising every word? I don't get it :S
I don't get it either! It must be some sort of internet fad. Meanwhile, what does ":S" mean?

Last edited by A-Friend : 28-04-2008 at 13:38. Reason: reply to TMullers
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Old 28-04-2008, 13:35
Ella Nut
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Why don't you send the Council who offered you a job a copy of the original "good" reference and ask them to reconsider their position based on that.
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Old 28-04-2008, 13:39
muffin789
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Under the Data Protection Act you can ask to see a copy of both references that your old boss wrote about you. You could get this from the organisation that turned you down, or from your previous employer.

http://www.ico.gov.uk/what_we_cover/...rotection.aspx will give you all the info you need.

I'm a bit confused as to why they would give you a good reference, and then a bad one, though.

Until you can obtain a copy of both, I'm not sure there's much you can do. Once you've got them, I'd make an appointment to go to your local CAB to discuss it with one of their legal advisors.

Last edited by muffin789 : 28-04-2008 at 13:40. Reason: spelling
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Old 28-04-2008, 13:41
dippy1980
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your employers should not have given you a bad reference, they can fill in boxes saying poor but they can not give you a written bad reference they could however have refused to give you a reference which speaks volumes, you need to ask both the future and previous employer what was said about you as you won't be able to ask for another reference if this is going to keep happening.
on another note instead of offering advice why do some people criticise the other posts that doesn't help in any way and is quite annoying and rude.
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Old 28-04-2008, 13:41
tiggi2006bell
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I have sent the new job employer a copy of the good reference but not heard anything. I've also sent a letter to my previous employer with this copy of a good reference. ...do you know if i can ask to see this bad reference they gave me. who do i ask my old employer or the employer who offered me the new job.
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Old 28-04-2008, 13:45
!!11oneone
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Just a thought, but is it possible the new employers are merely blaming the reference but retracted the offer for a different reason?
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Old 28-04-2008, 13:54
muffin789
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I have sent the new job employer a copy of the good reference but not heard anything. I've also sent a letter to my previous employer with this copy of a good reference. ...do you know if i can ask to see this bad reference they gave me. who do i ask my old employer or the employer who offered me the new job.
See post #12. I've already said you have the ight to obtain the references your old employer gave. You can ask either them or the people who turned you down for a copy of it, as both are bound by the DPA.

As I don't know your situation, I can't say if this is the case, but I do know of employers who have given someone a good reference (even though they were crap at their joob), just to get them off their hands. But to then follow it up with a bad reference doesn't make sense in that scenario. Could it have been sour grapes or jealousy on your old boss' part? Have they done anything like this to you in the past?

Alternatively, !!11oneone's theory is quite a good one.
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Old 28-04-2008, 14:25
A-Friend
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As we've said, you can definitely ask to to see a copy. Ask both parties involved, however it could well be that your previous employer didn't keep a copy in which case I would focus your efforts on the other person.
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Old 28-04-2008, 14:58
mollymorals
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can Someone Advise Me What I Should Do?

I Use To Work For A Council And Last Year I Left After Being On Maturnity Leave. I Now Looking To Retun To Work And Found A Job With Another Council And They Offered Me The Position Subject To Satisfactory Reference. To Cut The Story Short I Got A Reference In Writing From My Manager Where I Use To Work Before I Left And The New Employer Wrote To The Same Person And Gave Me A Bad Reference. So I Have In Writing A Good Reference And The Same Person Has Now Given Me A Bad Reference. What Should I Do. Unfortunatley The Job Has Been Retracted Because Of This Bad Reference Now.
welcome to ds tiggi!

from what i know, no employer is allowed to give a bad reference by law ( it might have changed, but that was certainly the case before i was self employed)

they can refuse to give you a reference, but they are not allowed to give you a bad one.
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Old 28-04-2008, 15:04
A-Friend
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I think it's quite a grey area Molly. For example, they couldn't say "no s/he was $hit, worst we've ever had, and what a weird personality! I think s/he needs help", but they can tick the "below expectations" box for performance and the likes. Similarly, the manager can (and, MAYBE, I'm not 100% sure, are obliged to) say if ever they were given an official warning. Similarly reason for leaving, I don't think an employer can lie and say somebody left of their own free will when in fact they were sacked (not saying that's the case for you Tiggi!!).

Like I said, I think it's quite a grey area.

EDIT - it's one of those "laws" that everybody quotes with absolute certainty, but I have never been able to find it written down in any Acts, Satutues or case law. I've worked in recruitment for several years now and have therefore had to learn various areas of employment law, but this has never been part of the courses. I'm not saying you're wrong, just expanding on my "it's a grey area" comment.

Last edited by A-Friend : 28-04-2008 at 15:17. Reason: A bit more...
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Old 28-04-2008, 15:07
Chilli Dragon
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I cant go into much detail but when i spoke to the council for this new job she said its serious enough not to offer you the job. I have had very few sick leave but the manager was unreasonable with her employees and did not fit in with her gang! MY gripe is how can she give me a good reference and now a bad reference is this right or do i have a case???
Find out what the "bad" reference was. If you have a poor absence record, are late, have been on warnings, have been on disciplinary or capability then your ex-employer is entitled to pass this on.
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Old 28-04-2008, 15:25
Sigurd
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they can refuse to give you a reference, but they are not allowed to give you a bad one.
I don't think that's correct. See this post that I made in an earlier thread:

http://www.digitalspy.co.uk/forums/s...3&postcount=19

The situation seems to be that an employer can give a bad reference, but must be able to provide evidence to support any criticisms of the employee that it contains.
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Old 28-04-2008, 15:32
mollymorals
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I don't think that's correct. See this post that I made in an earlier thread:

http://www.digitalspy.co.uk/forums/s...3&postcount=19

The situation seems to be that an employer can give a bad reference, but must be able to provide evidence to support any criticisms of the employee that it contains.
oh wow, i never knew that

well, you learn something new everyday
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Old 28-04-2008, 15:36
simonp820
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can Someone Advise Me What I Should Do?

I Use To Work For A Council And Last Year I Left After Being On Maturnity Leave. I Now Looking To Retun To Work And Found A Job With Another Council And They Offered Me The Position Subject To Satisfactory Reference. To Cut The Story Short I Got A Reference In Writing From My Manager Where I Use To Work Before I Left And The New Employer Wrote To The Same Person And Gave Me A Bad Reference. So I Have In Writing A Good Reference And The Same Person Has Now Given Me A Bad Reference. What Should I Do. Unfortunatley The Job Has Been Retracted Because Of This Bad Reference Now.
Let's hope it's not a typing job you're going for
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Old 28-04-2008, 16:07
Magic8Ball
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To Cut The Story Short I Got A Reference In Writing From My Manager Where I Use To Work Before I Left And The New Employer Wrote To The Same Person And Gave Me A Bad Reference. So I Have In Writing A Good Reference And The Same Person Has Now Given Me A Bad Reference. What Should I Do. Unfortunatley The Job Has Been Retracted Because Of This Bad Reference Now.
Sounds like your old manager is taking the piss. The good news is that it sounds like they are a coward - writing you a good reference when you ask in person and then a bad one behind your back. Sadly I think this job is a lost cause, but you can prevent this happening again with the next job you go for by phoning up your old manager and explaining the situation, tell her if she does it again you'll break her legs. Make sure you make this call from a public payphone and that your old employer does not record their calls. Otherwise you might have to go in and say this in person when there are no witnesses hanging about.

Alternatively, don't give her name as your reference, give someone else you worked with and if necessary lie and say they were your supervisor or something - be vague, so if anyone queries it (unlikely) you can claim 'they supervised my work unofficially once'.
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Old 28-04-2008, 16:19
A-Friend
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You seem like a right piece of work Magic8ball ... I hope you ignore most of what he said Tiggi!

Last edited by A-Friend : 28-04-2008 at 16:47. Reason: missed word. oops
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