How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48172
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I was dismissed from my employment misconduct and

Resolved Question:

I was dismissed from my employment misconduct and find I am not able to get work. I have secured a number of jobs but once they approach this employer the offer of employment is withdrawn. Is there anything that I can do?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

, my name is ***** ***** it is my pleasure to assist you with your question today. When were you dismissed?

Customer:

Two years ago

Ben Jones :

did you challenge the dismissal at the time?

Customer:

No

Ben Jones :

do you have to use this employer still?

Customer:

Yes because I worked years and they are a very high profile company and this was my last employment

Ben Jones :

Do you agree with the reasons ?

Customer:

Unfortunately yes

Ben Jones :

ok let me get my response ready please

Customer:

thank you

Ben Jones :

This is an unfortunate situation, but sadly not one that could easily be avoided. Whilst there is no legal obligation on employers to provide a reference employees, if they choose to do so they will automatically owe them a duty to take reasonable care in its preparation. This requires the employer to be accurate in the contents of the reference and ensure it is based on facts, rather than just personal opinion.

Certain principles have been established through case law over the year, in the case of Bartholomew v London Borough of Hackney the employer provided a reference which contained details of disciplinary proceedings which were pending at the time the employee left. The court decided that the employer had not breached its duty of care by providing such a reference as it would have a duty to provide a reference that is true, accurate and fair and does not present facts so as to give a misleading impression overall. Therefore, if the employer had not included details of the disciplinary proceedings it would have failed in its duty to the prospective employer to provide a reference that was not unfair or misleading.

So the issue would have been if the reference contained untrue or misleading information, in which case it could amount to a negligent reference, but in the circumstances that unfortunately does not appear to be the case and the employer is legally able to continue providing such references.

Customer:

Is there anything at all I can do because as it stands I will be unemployed indefinitely

Ben Jones :

you can approach the employer that provides the reference to ask them not to mention this any longer - that you have paid the price with your dismissal and that you should be allowed to move on so if they can to just provide a factual reference with dates of employment and job title

Ben Jones :

or not use them as a referee but I understand that may not be possible due to the length of service with them

Customer:

thanks.

Ben Jones :

you are welcome, all the best

Ben Jones and 2 other Employment Law Specialists are ready to help you