Employment Lawyers Can Answer Your Employment Law Questions
Hello my name is ***** ***** I am happy to help you today. Have you seen the reference that has caused the problem? Is there anything in it that is factually incorrect?
Thank you for your reply. I have seen the reference and there is nothing that is factually correct.
So are you saying the content is untrue?
I am and any of these issues were not discussed with me at any point whilst I was employed by them.
Has the employer got a HR department?
They have, but I amnot sure I can access this as I am an agency worker
But you were being taken on directly in the new post?
I was yes,
Ok in that case you can write to the HR department. This is an unusual situation in the fact that the person who has given the reference is employed by the prospective employer. Nevertheless, the law of negligent misstatement protects you from suffering as loss as a result of an untrue reference. You should write to HR to say that the reference that has been relied on is untrue and as a result you have suffered a loss, (in that the job offer has been withdrawn). You should state that unless this situation is rectified you will have no alternative but to raise a claim in negligent misstatement for your losses.
In reality whether you bring a claim might depend on how easy it is to get alternative work.
Thank you for this information Jenny.
This is most helpful and I will act on this accordingly.
No problem, I would be grateful if you would take the time to rate my answer and do come back to me in the future if you need to.
i most certainly will thank you again.