Question About Work References

[Sean178]

I recently applied for a job and was given an interview the following week. I had a phone call the day after tell me they wanted to offer me the job and asked when I could start. I told them I would give my notice into my employer the following day.

My new employer told me they would send me an email containing start day and other details. On opening the email they asked me to provide two references. so the following day I wrote my references in the email, sent it back and handed my notice into my old workplace.

Now here comes the tricky part. I recently had an incident shall we call it with my manager at the workplace. Basically I made a mistake at work and I held my hands up to it and I was being completely persecuted for it, it's going to sound extreme but I walked off premises and was signed off work by my doctor. The way you're spoken to in that workplace has always been completely abysmal and you're not even treated as a human being.

So here comes the part that I'm now slightly worried about. It later transpires that I may have had a bad reference from them, I only know this as I know someone who works in the new place. So they have now had my references for nearly 3 full working days and I thought to myself that if it was that bad of a reference then the other company would have come back to me by now about the reference.

I'm also supposed to be receiving a letter from the new company with my offer of employment but it hasn't came through in the post yet. Have tried to explain the situation as best I can through here may have missed a few details so if anyone has any queries don't hesitate to ask.

Any advice or anything to alleviate my worries would be great, thank you.

[fiction-factory]

It's a bit late now but it would have been better not to hand your notice in until the offer had been finalised. How much notice did you have to give your current employer? You may be able to withdraw it if the offer doesn't get confirmed soon. But the best way to find out is to ring the prospective employer to ask for an indication of timescales as you had hoped to have heard by now

[jackthehat]

Your employers are not 'allowed' to give you a bad reference.
These days references usually consist of attendance details, etc.

[Sean178]

Well I was eager to start my new job as it was all already confirmed with me over the phone. Wanted to show my enthusiasm and how keane I was to start so I gave a 7 day notice period. Will give it until Monday when the post comes if it's not there I will send the employer and email or make phone contact with them.

[Hymie]

I’m not sure that employers are not allowed to give a bad reference – but doing so is fraught with danger.

I know for a fact that my current employer and the previous two have a policy of only confirming that you have been employed by them during the relevant period and nothing more.
For a company to comment on attendance is open to contention (even if they think they have bullet proof records).

It would be very unwise for a company to give a bad reference, the substance of which they might have to defend/prove in a court of law.

[THECORBYLOON]

From the ACAS site, "Employees can ask for a copy of any reference sent to a new employer, the request should be in writing. The employer will need to consider if any exemptions apply before they can release the information. If a worker thinks a bad reference has been given they may be able to claim damages in a court, but the worker must be able to show that the information was misleading or inaccurate and that they have suffered a loss such as withdrawal of a job offer."

[Cloverjo]

I don't want to derail the thread, but I'd like to ask: if former employers aren't allowed to give bad references, what's the point of prospective new employers asking for them?

[THECORBYLOON]

Employers ARE allowed to give a bad reference as long as it is factual and not misleading.

[Sean178]

Thank you for all the responses guys. Turns out I do have the job and they want me to sign the contract this week.