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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45343
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am a social worker and I recently completed Assessed and

Resolved Question:

I am a social worker and I recently completed Assessed and SupportedbYear in Employment (ASYE) with a local authority.
As an ASYE participant I was supposed to be dealing with 9 new cases a month whilst social worker not on ASYE handle 12 new cases a month.
However I was being allocated 3 cases a week, average of 12 cases a month on top of having to do all my ASYE assignments. It was though but i never complianed and always reached my required target and beyond.
In my year with the employment I used verious legislations in my practice and it formed part of my ASYE domains in other to successfully pass.
At the end of the programme my line manager who also happened to be my suppervisor for the ASYE agreed and signed a report that I have developed my knowledge of national and organisational policies and procedures relevant to my placement setting and the skill of apllying relevant pplicies to practice appropriate to my clients.
However when I left the local authority to work as a locum social worker my line manager gave me a reference stating that I can not handle a large case load and i do not have the relevant knowledge in legislations to work with service users.
This is directly contrary to the report she gave earlier and very damaging to my career propects
Please advise
Thank you
Hajara Yahaya
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 months ago.
Hello, whilst there is no legal obligation on employers to provide a reference for past 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 years and the main points can be summarised as follows: 1. In the case of Bartholomew v London Borough of Hackney the court decided that an employer would be entitled to provide a reference which 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 certain details, even if negative, it would have failed in its duty to the prospective employer to provide a reference that was not unfair or misleading. 2. In the latter case of Cox v Sun Alliance Life Ltd the court decided that an employer will be negligent in providing a reference that refers to an employee’s poor performance or misconduct unless the employer had carried out an investigation and had reasonable grounds for believing that what they had stated had taken place. So if it is obvious that incorrect facts have been relied on, the contents are false or misleading, there may be a potential case for negligence against the employer and this matter could be taken further by seeking compensation in the county court for any damages caused. Alternatively, an injunction could be sought preventing the employer from issuing that reference in the future. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to take to pursue this further if needed, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45343
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 11 months ago.
Hi Ben, Thanks for your response. Could you please advise what steps I should take next?
Expert:  Ben Jones replied 11 months ago.
Yes, it depends if you have actually suffered losses yet or not - what is the case?
Customer: replied 11 months ago.
as a social knowledge of the relevant legislations and abiity to handle case note is vital therefore my confidence to apply for position is damaged and I will my career is ended.
Expert:  Ben Jones replied 11 months ago.
has the reference been given to anyone?
Customer: replied 11 months ago.
sorry I meam social worker
Yes to the agency who requested for it to be given to an employer who have offered me a job.
Expert:  Ben Jones replied 11 months ago.
Has the job been withdrawn as a result?
Customer: replied 11 months ago.
I actually declined the position before I was informed by the agency that there has been a problem with the ref from the previous employer. He stated that although I have good refs from other employers this one could be a concern.
Expert:  Ben Jones replied 11 months ago.
ok your career is not over and even though you have received a negative reference technically you have not suffered any losses because t was your decision to withdraw from this position. So at this stage there i a reference in circulation which could potentially damage your career prospects. At first I suggest you contact the organisation which gave the reference to raise your concerns about it and state that you believe it is a negligent reference. Ask them to correct it or to refrain from sending it in the future. Tell them you will have to go to court to seek an injunction if necessary. If they refuse then you may have to go down the legal route and make an application to court for an unction, which would prevent them from sing the reference in the future. This can be done by completing form N16A http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
Customer: replied 11 months ago.
Can I take a legal against my line manager for sending inaccurate and false reference to my recruitment consultant due to the pontential it has oin damaging my image with my agancy.
Customer: replied 11 months ago.
agency
Expert:  Ben Jones replied 11 months ago.
you cannot claim for potential loses - you wither claim for actual losses or get an injunction to prevent future damages
Customer: replied 11 months ago.
Thank you very much for your advice. You have been very helpful. Bye
Expert:  Ben Jones replied 11 months ago.
You are welcome, all the best
Customer: replied 11 months ago.
THANKS

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