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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47367
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have just been dismissed from my new job because my old employer

Resolved Question:

I have just been dismissed from my new job because my old employer has said that the reference is fraudulent ,I was the administrator I did type the letter and put his signature on it electronically I don't now what to do please can you advice me
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long did you work there for?
Customer: replied 2 years ago.
I worked there for 7 months
Expert:  Ben Jones replied 2 years ago.
Did you have the employers consent to type up the reference yourself?
Customer: replied 2 years ago.
I was the administration at the time but no but I thought that it would be ok form me to do it
Expert:  Ben Jones replied 2 years ago.
Your rights will be rather limited in the circumstances I’m afraid. First of all the reference should have been issued with the employer’s consent or at their request. You may have been the administrator at the time but that does not mean you can issue your own reference without the employer’s consent. They may have subsequently asked you to issue the reference as that could be part of your duties but this initial request should have come from them, not initiated by you on the assumption they would agree to it.
Secondly, if you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).
So even if you had done nothing wrong, or the evidence was there to suggest that you had the employer’s consent, you cannot legally challenge the dismissal as you do not meet the minimum criteria to do so. The best you can do is explain the situation to your employer and perhaps get the old employer to issue a statement of support or to contact the new employer to clarify the position but if the new employer wants to stick with their decision to dismiss then that cannot be challenged.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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