Employment Reference

[Theland]

What redress does a person have, if trying to get a new job, their previous employer gives a bad reference without just cause?

[bednobs]

if you are certain she wasn't unfairly dismissed, you wont need a solicitor at all. i suppose you have to work out if that's really the case, or if you think so because you are her dad :(

[Theland]

Yes, the former and now deceased Lord Denning preferred justice over law, but the law can find an unjust verdict, but lawful. Is that not so?

[tamborine]

NWNF solicitors have to make a living. Why dont you take it on; cases are heard in front of magistrates, with lots of preparatory booklets to help.

Often mediation before a hearing will scare an employer to settle compensation.

[Theland]

Regarding my daughter, I think a DIY approach to a tribunal might be the only option, if we can get the fees waived due to lack of income.
My daughter in law will just have to forget about the bully manager.

[Maydup]

What exactly was your daughter accused of Theland and why was she dismissed?

[Theland]

Thanks Tambo, we will investigate that route.

[Theland]

Maydup, my daughter made an error dispensing medication, and admits it, but many many mitigating circumstances. Health professionals we have spoken to are disgusted that she was dismissed.

[sherrardk]

Seriously, life really is too short. It will be stress and money (which you don't have). Your daughter now has a job, let it go. Move forward. Does your daughter-in-law have mother job now?

[bednobs]

i think it's the DIL with the reference problem and theland's daughter with the ET

[Theland]

It is my daughter in law who has the new job. My daughter was dismissed and is now on benefits.

[tamborine]

Compo can be best 6w salary out of 12w, holiday pay, costs of ET etc. But the employer will suffer instant HMRC audit - very painful

[sherrardk]

Ok, then I still stand by the dil - she has a job, now it's time to deal with your daughter's situation and get her sorted out with a job.

[Theland]

Thank you everybody. Goodnight.

[FredPuli43]

If it's any consolation, she wouldn't win if she have the funds to sue. When an employer gives a reference which is unfavourable, the offended party has one heck of a hill to climb. They'd have to show there was deliberate malice and the stating of untruths which the employer couldn't reasonably have thought to be true. The courts jealously guard an employer's right to give an opinion, and to make what seems to be a personal assessment which is genuinely made. Your case doesn't sound anywhere near overcomimg that

[Peter Pedant]

If you dont have a loss - the you cant sue

if the ref says she was dismissed for groos misconduct following a medication error, then it is in no way defamatory or misleading because that is what happened.

Since the young lady GOT the job - your case is even weaker in terms of losses.

however - if the reference signer is a nurse herself - you could always try to NMC (nurses' GMC) - they are even keener to strike off innocent personnel than GMC - no, dont refer your daughter, refer the one who gave the reference.
(but she does have to registered)

Honestly theland, altho you are outraged, I am not sure if you have a case.
[ and you dont either as you're not prepared to spend money on it - correcctly in my opinion]

[Postdog]

Just had a quick shufty through the answers, and no one from what I can see has stated the obvious. An employer will give either a good reference, a non committed reference be it good or bad, but NEVER a bad reference in case of comebacks. If they have nothing good to say, they will say nothing.

[EDDIE51]

A 'No win no fee' lawyer will only take a case where they can be virtually certain of winning. The chance of a win has to be well over 50% for them to take the case.
I am sorry but in this case I think your chance of winning is under 10%.
Has your daughter considered signing on for temping agency that specialises in nursing? It could be a way to get back in employment, I know several nurses that do this.

[Peter Pedant]

usually in the NHS - the evil deed (cr+p references) are done by phone
and not by writing cross-eyed references like

if you get this young lady to work for you - you will indeed be fortunate


Medication errors are commonly the subject of disciplinaries
because they are preventable
and there are many experts out there for hire who will cheerfully say:
X or Y is paid to dispense medication in the correct dose.

it is the same for prescription errors.

[ just in case anyone is going eeer - prescription, dispensing and administration are just three, but different steps in the care path from pink ward sheet to the patient's mouth ]

These errors used to be directly reportable to the Ministry
but the rules may have been relaxed since then.
Obviously no admin wishes to have a man from the ministry gazinng at them over half-moon glasses.

[Peter Pedant]

she can apply for a copy of the reference under the data protection act from her new employer. (but not I have read, from the old employer : I am a bit confused about that one )

[factor-fiction]

There are some good answers on her but I think many answers misunderstand the two cases- that of the daughter (who Theland says was dismissed unfairly and is now unemployed) and the daughter in law (who supported the daughter in her disciplinary and got a bad reference but still managed to get a new job so left her old job)