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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I am an agency social worker who has worked for the same authority

Resolved Question:

I am an agency social worker who has worked for the same authority for the past eighteen months. I was replaced by a permanent member of staff. I was accepted in another post and was due to start on Monday. However I have recently learnt that my future employer has had a verbal reference from my service manager who claimed that there were 'practice issues' which they had not informed me of and would not provide a reference although my direct line manager has done so and I was given a positive reference which is contradicting what the service manager is saying.
This verbal reference effectively stopped my job offer from progressing and will continue to impact on my future work prospects.
Can you tell me what, if any rights I may have in regard to this issue as I feel this is a personal difficulty with the service manager rather than as she claims my practice.
I will look ofrward to your reply.
Regards
Lynne
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

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?

Customer:

Hello Jenny

Customer:

Thank you for your reply. I have seen the reference and there is nothing that is factually correct.

taratill :

So are you saying the content is untrue?

Customer:

I am and any of these issues were not discussed with me at any point whilst I was employed by them.

taratill :

Has the employer got a HR department?

Customer:

They have, but I amnot sure I can access this as I am an agency worker

taratill :

But you were being taken on directly in the new post?

Customer:

I was yes,

taratill :

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.

taratill :

In reality whether you bring a claim might depend on how easy it is to get alternative work.

Customer:

Thank you for this information Jenny.

Customer:

This is most helpful and I will act on this accordingly.

Customer:

Kind regards

taratill :

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.

Customer:

i most certainly will thank you again.

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