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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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A job offer within the NHS has been withdrawn to a reference

Resolved Question:

A job offer within the NHS has been withdrawn to a reference received by my previous line manager within the NHS, she has said I am, lazy, a flirt, gossip and not a team player, can she make these comments on my reference without ever advising me that my work was not staisfactory?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. Is the new job you applied for within the same NHS trust? Have you left a job to go to this job?
Customer: replied 2 years ago.
Hi I was working for the same NHS trust and employed on bank since 2013 and in 2014 I got a part time position too with the same trust, I left both jobs in January 2015 to go traveling in Australia, I will add at the time that my part time position, where the reference came from I did not get on with my line manager, my position was within two wards so I put the other ward down as a reference, I did not put my line manager down as a reference but it is NHS policy to go to your former line manager. Upon my return I applied for another position at the same NHS trust and was advised the same day that I had been successful, however last week I was advise that the job offer had been withdrawn as my reference was not satisfactory, I have received a copy of this reference today and I do no agree with the comments and feel the reference more personal than giving the actual ability of my work, I have worked on many different wards, through the bank, and I have never been advised that I am not a team player or that my work is unsatisfactory, I was never pulled up on the part time ward either.
Customer: replied 2 years ago.
Please find the reference attached
Expert:  taratill replied 2 years ago.
Hi there I am surprised that this has happened as most employers are now well aware that they should be careful when writing references.
If you have never been disciplined for any of these things then they should not be referred to in the reference.
I would suggest that you write to the Head of HR at the NHS Trust in question to say that you believe that this reference amounts to negligent misstatement and as such you are now suffering a loss as a result of the offer of work being withdrawn.
You should ask them to clarify that no future references will contain such language and ask for assistance with having the job offer restored.
You should say if this is not sorted you may have no alterantive but to sue the trust for lost earnings.
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.
Customer: replied 2 years ago.
I did believe that are there any legal regulations that I should quote when writing my letter?I was going to write to the recruitment to ask that they withdraw this reference and reinstate the job offer and if offer other references, d o you think this would be the correct way to go?
Expert:  taratill replied 2 years ago.
It is a tortious liability so is not set out in any regulations, if you use the phrase 'negligent misstatement' that will be instantly recognisable as a legal cause of action.
I think you should do what you have said but not be afraid to take it higher up within the trust if needs be.
If you have any further questions please do ask.
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