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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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I have received a bad reference and the information is untrue

Resolved Question:

I have received a bad reference and the information is untrue can you help please?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.

taratill :

Hello my name is XXXXX XXXXX I am happy to help you today. Your ex employer should not give a reference which contains incorrect or untruthful information.

taratill :

You should contact the employer to ask them to amend the reference so that it is factually correct. You can inform them if they do not, and you suffer a loss as a result (i.e. through not being employed), then you will have no alternative but to sue the employer for negligent misstatement.

taratill :

If you have any further questions about this please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

taratill : Hello I note you have rated my answer poor. Please can you let me know what further you would like to know about this?
Customer:

I used to work for DWP for 23 years and was dismissed due to unsatisfactory attendance due to sickness they paid me compensation. My reference states dismissed for unsatisfactory attendance and that my performance was unsatisfactory but it was not. I have been given a job offer but am now worried I won't get this job or any other with such a reference I had a disability depression and had loads going on last year but am now better are my RX employers allowed to do this? I really want to work again.

taratill :

Has your prospective employer seen this reference and have they now said they are unwilling to employ you?

Customer:

I am going to call them in the morning but I am assuming they won't I also may have a couple of other job offers and don't want this in accurate reference being sent to them as it makes me look bad,I can't believe hr are saying this as all facts not included and they paid compensation?

taratill :

Did you enter a compromise agreement when you were dismissed? If so did this agreement have a confidentiality clause or an agreed reference?

taratill :

Hi I am now going offline until tomorrow morning. I can pick this up again then.

Customer:

No as I did not know I could do this.

taratill :

Hello, it would have been your employer who would have suggested an agreement like this. I was just checking if there was one in place. If there is not don't worry.

taratill :

The first thing you need to do is find out if the offer is withdrawn.

taratill :

If it is you need to write a letter to your employer to say that the reference is factually incorrect in stating that your 'performance was unsatisfactory'. You should ask them to contact the employer to tell them that the reference was incorrect. You should ask for them to agree a reference for the future. You should also state that you are considering suing them for damages in negligent misstatement if they continue to prevent you from working by giving inaccurate references.

taratill :

Unfortuantely you cannot prevent them from stating that you had unsatisfactory sickness if this is factually correct.

taratill :

If you require any further information please do let me know.

taratill :

Hello?

Customer:

OK many thanks. One last thing you mention they can say about my attendance,can they say that I was dismissed due to unsatisfactory attendance and if so should they not also state that due to this I was awarded compensation?

taratill :

Hi they should really state the full facts not half of them as you have suggested .You really must write to them to put matters right. I hope you are succesful in your application.

taratill :

Please remember to rate my answer. I will be happy to answer follow on quesitons in the future.

taratill :

Many thanks

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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