Bad Reference

[koiman]

My daughter has recently been through the selection procedure for a job in the Emergency Services. The interview, the medical, the past employment references and character references all went without a hitch. Then came the time for the new employer to contact the current employer. Here lies the problem.

The small family nursery that my daughter works for sent several inaccurate peices of information back.

Firstly they said she was off sick when she was in fact on a first aid course arranged by themselves.

Secondly they said she was off sick when she was in fact on an off site childcare job they had arranged.

Third, the said she was off sick when in fact she was on compassionate leave while her partners brother was in intensive care following an unexpected collapse.

Fouth, they said she was off sick while she was on bereavement leave attending the funeral of the above partner's brother.

They have also fabricated and manipulated team work issues to make it look as though she is responsible for recent problems.

She is only aware of these inaccurate references because on the sickness issues the prospective employer questioned her about the difference in what they had said compared to her application. With regard to the team issues a concerned colleague showed her what had been put on a copy of the faxed reference.

Can she demand to see the whole reference?

Can she do anything if this reference stops her getting her job?

[lady_p_gold]

Well as I understand it you are not allowed to give a 'bad' reference any more but this sounds like they have just given facts which do not agree with yours. I do think there is more to this than meets the eye, why would her current employer fabricate all this ? For the moment she can explain to her new possible employer that there is an error and that she is attempting to unravel it, she could write a letter to her old employer stating the facts as you say, and copy it to her prospective one, but it all sounds a bit odd to me.

[Harry Nuttal]

Go and see a solicitor who specialises in employment law. Not one of the usual laid-back dollopers. Do it now. Don't waste any time. Tell your prospective employers what you are doing in an attempt to clear your name. Show some determination and spirit. Go on then. Get a move on!

[Monstersdad]

Harry is closer to the mark here, but lady p is also close. It is illegal to give a bad reference. The worst reference is NO reference of the sort of thing that goes around the internet from time to time (Got into the gene pool when the lifeguard was on a break) that sort of thing. I would suggest that your daughter's current employer cannot find new staff very easily, pay, conditions, employer etc I assume that they are all on a minimum level. There for they find it hard to get new staff and do that by making it very difficult for your daughter to get a new job and not leave. That solves their problem. I would suggest speaking 1st to her potential employer, explaining that as a valued member of staff, working for a minimum wage, in a bad environment her current bosses seem to be a bit dim and this is the only way that they can think of to stop her leaving. If this doesn't work, ask for a copy, then ask her current boss to justify what he/she sent (probably a he) though I am also male, failing that, and only then find an employment law specialist at your local Citizens Advice Bureau. If you get no joy there, then it is time to put your hand in your pocket for a High St Solicitor. Best of luck and I hope she gets out and moves on XXX

[REFLEXISM]

funny, I had a similar conversation the other day. What I heard is people have successfully sued when they have recieved bad references leading to them not getting a job. As such a lot of employers, BP is an example, will not give references but will only confirm how long a person has been employed with them. I'm really against the sue culture but I think in this instance she should seek professional advise.

[Eels]

I don't think giving a bad reference is illegal (although it's risking a lawsuit). But giving false information is fraud and deception!

I would suggest approaching the Citizens' Advice Bureau urgently and seeking help. If these pieces of information are false then they are a slight on your daughter's name and she should fight to have them retracted.

[Fish the Mod]

Should you daughter not get the job you can under the freedom of information act in which the emergency services will use, ask for a copy of your reference and all notes taken before, during and after her interview. Should she not get the job, she must ask why in writing. If the reference was the reason then pay a solictor to write to the Nursery pointing out that she will in fact take legal acton should they provide an inacurate reference in the future. Contact the Emergency services again and inform them of this and ask for a new interview date.