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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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Last month my HR called the HR office of a former employer

Resolved Question:

Hi,
Last month my HR called the HR office of a former employer who provided inaccurate verbal information, that I was demoted in my previous role (I changed roles, but was not demoted). This information impacted the trust between me and my new HR, in a negative manner, and weeks later, I was dismissed, during my probation period.
I believe that both HRs have infringed upon my personal rights and information, and like to know if I have a case against them?
Many thanks. SM-T
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today.
Did you explain to the new HR Manager that this was incorrect and ask the old HR manager to rectify the issue?
What reason were you told you were dismissed for?
Customer: replied 1 year ago.

Hi

Yes I did explain to my new HR that the information was erronous.

I have not contacted the old HR to rectify the error.

I was dismissed "in the best interest of my new company".

Also that trust had broken down.

Regards

Expert:  taratill replied 1 year ago.
In terminating your employment do you believe your employer has discriminated against you in any way on the basis of your age, sex, disability, race or religion for being pregnant or for raising a health and safety complaint?
Customer: replied 1 year ago.

No I do not believe that I was discriminated against on any of the above mentioned areas.

Expert:  taratill replied 1 year ago.
Ok thanks, ***** ***** no action that you can take against your most recent employer unfortunately, this is because an employer can dismiss for any reason in the first 2 years of employment so long as it does not discriminate against you on one of the grounds that I mentioned in my question above.
This means that even if they dismiss you on the basis of incorrect information there is no recourse against the new employer.
If your old employer has made a statement which is factually incorrect which has the result of putting you at a financial disadvantage then you can bring an action in negligent misstatement. You will need to show that the incorrect statement has directly lead to you suffering the loss (i.e. losing the job).
You will need to send them a 'letter before action' to state that as a direct consequence of the incorrect statement you have lost your job.
In reality this is not an easy claim to bring. If you can get a new job fairly easily and you can mitigate your loss then there may not be a great financial benefit in bringing the claim.
I would suggest that you see a local solicitor, many offer free advice, prior to bringing a claim.
If you have any further questions 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, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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