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?

[boxtops]

My understanding is that if a previous employer gives a bad reference, and it's not true, then the person concerned can take action against them. For this reason the references we give these days only relate to timekeeping etc, and "would you re-employ this person?"

[factor-fiction]

Is this about your daughter's case, Theland?

[Theland]

My daughter was unfairly dismissed and we are trying to find a no win no fee solicitor to take it to tribunal.
My daughter in law, also a nurse in the same place, stood by my daughter and supported her, and not wishing to be associated with the employer any longer, found another job, but got an appalling reference. Pure vindictiveness.

[bednobs]

did it make her not get the job Theland? could she explain to the new employer?

[Theland]

It seems there is justice only for those who can afford it.

[bednobs]

did it make her not get the job Theland? could she explain to the new employer?

[Theland]

She got the job only after explaining the vindictive nature of the previous employers manager. But it is appalling for her to be misrepresented like this.

[Theland]

Box tops, what action?

[Maydup]

Please remember that with no win no fee, when you do win, the majority of the award goes in fees. Go to citizens advice bureau instead and they will help you with the reference issue as part of the case.

[bednobs]

then that is very different - she has had no loss, the new boss obviously doesn't believe it, so i can't even see what action she would want to take

[Theland]

She has the new job, but is furious that the manager can get off scot free after attempting to harm her career. If we had funds, we would sue him for punitive damages. He is a bully.

[tamborine]

You could sue for slander or defamation etc but it would be costly.

Employment Tribunals are free, lots of help thru CAB & ACAS. Very inconvenient for employers, not least that HMRC get involved.

[Theland]

Tribunals are no longer free. £250 to make a claim and a further £950 for the hearing.

[bednobs]

i think you need to forget about damages - she hasn't been "damaged" as such. The things the person is saying were not believed by the person they were shared with, she still got the job and so on. Suing for damages because someone has said something nasty about you is in the realm of celebrities i'm afraid, not for ordinary people, otherwise the courts would be full with people's petty spats.
I suppose she could get a solicitor to write to him to tell him to stop if she is that upset about it

[tamborine]

Blimey, am out of touch ;(

Has she contacted CAB, they assess cases ?

[bednobs]

you don't need representation at an ET - you can represent yourself can't you? Is that cost the cost for the tribunal (which i also thought was free?) or for a lwyer's advice/representation?

[tamborine]

If you win ET you can claim back costs

https://www.gov.uk/employment-tribunals/apply-to-the-tribunal

[bednobs]

from tambos link i can see im out of touch too, sorry theland

[Theland]

CAB only refer to an employment lawyer. Money again. My daughter is trying to get. No win no fee solicitor, one said they take 35 percent but she was definitely unfairly dismissed.

[factor-fiction]

If she was definitely unfairly dismissed you may be better going for a solicitor other than a 'no win no fee' one.
But the tribunal may find otherwise of course