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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48726
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I SUSPECT THAT A PREVIOUS EMPLOYER IS GIVING A REFERENCE

Customer Question

I SUSPECT THAT A PREVIOUS EMPLOYER IS GIVING A REFERENCE ABOUT MY EMPLOYMENT THAT IS PROHIBITING ME FROM BEING EMPLOYED BY PROSPECTIVE EMPLOYEES
Submitted: 20 days ago.
Category: Employment Law
Expert:  Ben Jones replied 20 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 20 days ago.

What makes you think this?

Customer: replied 20 days ago.
I was booked off for stress from work leave with Schindler Lifts and during that time I resigned .Rather than work my notice the company gave me Garden leave . Since leaving the company I have only managed I temporary assignment for 1 month and as I was urgently employed on the strength of the employment agencies knowledge of my previous history I assume that my references were not checked .The 1 month employer has given me a good reference as did the employer previous to the Schindler(the company I suspect ) I.e Royal Marsden private patients 3 years employment - gives a very good reference .The next company was Schindler Limited (work related stress ,resignation)-suspect a damaging reference has been given .The last was Fortius clinic (1 month assignment )-they give a good reference
The pattern of my subsequent job search is as follows .
See prospective post and apply through agency-
Agencies have been excited about my CV and have put me forward forward for interviews
Go for 1st interview and told there were 2nd interviews, The 1st interview was very good but did not lead to a 2nd interview
In some instances I get a 2nd very good interview and it does not go further
It has been 7 months since I have left Schindler (suspected damaging referee) and I have only had 1 job since and that was the short term last job with Fortius Clinic
Nothing since despite a flurry of applications and even my previous agencies whom I have been on good terms do not contact me any longer
Expert:  Ben Jones replied 20 days ago.

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 20 days ago.

Many thanks for your patience. The first thing to bear in mind is that it can be very difficult to prove that a negative reference is the cause of this, if you do not have a copy of it. Whilst there is nothing stopping you from asking any of the employers involved if they have received a negative reference about you, they do not have to tell you and neither would they be obliged to send you a copy if they have. So taking this further without any hard evidence will be almost impossible, so you need to find a way to get some evidence that such references are indeed being sent out.

As far as the law stands, if an employer decides to issue a reference, they will automatically owe the subject 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 true, accurate and fair and does not provide a misleading impression.

Certain principles have been established through case law over the years when assessing the duty of care owed by the employer. The main test is from the case of Lawton v BOC Transhield, which requires a court to ask whether a reasonably prudent employer would have expressed the opinions which were stated in that particular reference and to ensure the accuracy of the facts upon which any opinion expressed in the reference was based.

So if it is obvious that incorrect facts have been relied on or the contents are false or misleading, the employee could consider taking the matter further.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss what options you have on taking this further. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 19 days ago.
Thank You Ben
Just a few more questions
1)Can I request a reference from the employer directly
2) Can I request from the employer as to whom they have sent this reference
3) Are they obliged by law to fulfil these requests
4)Would it carry any weight if you were to request these on my behalf
Thanks
Garth
Expert:  Ben Jones replied 19 days ago.

Hi Garth

1. You can request a reference from them directly, but again they are not obliged to issue you with one

2. Same applies to requesting who they sent this to

3. No they are not

4. We cannot do this unfortunately as our involvement is limited to this site only, but you can approach a local solicitor to write them a letter - sometimes it does the trick as it shows you are seeking more formal legal assistance and are taking this seriously.

Customer: replied 19 days ago.
Thank you for this Ben
Pity about not being able to write the request yourselves
You have been great thanks for this
Please do not call me as per the request so that I can get the £44.00 refunded
Best Wishes
Garth
Expert:  Ben Jones replied 19 days ago.

No problem I will submit a request that the call fee is refunded. If that does not happen automatically please contact customer support via the Contact Us page to request that

Customer: replied 19 days ago.
Fantastic
Thank you very much Ben
Expert:  Ben Jones replied 19 days ago.

you are welcome