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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44937
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am awaiting a response from Surrey County Council regarding

Customer Question

I am awaiting a response from Surrey County Council regarding a false reference they gave me, this reference resulted in my loosing that contract. They have delayed and delayed and the 25th Feb is the date their solicitor gave my solicitor to complete their investigation. Am I a fool to hope that they will admit their mistake? The contract have kept my job on condition that the original reference is rescinded. Everyone I speak to are of the opinion that no company will admit they wrote a false reference. I'm scared that they refuse to admit that the reference is false, even though there is evidence to support the fact that it is false?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. In what way was it false?

JACUSTOMER-l6cjikv8- : They said I was late I never was I was always at my desk by 7.30 and did not leave till gone 6pm despite a contract for 37 hours per week, she said I was disorganised I was not all my visits were up to date and within legislated time scales, she said I was disorganised I am not never have been. She said my notes were disorganised they were not they were completely up to date. My court case was the only one that went through within legislated time scales, she also said my ATM did a lot of the work she did not, she couldn't when it comes to court work you MUST do it yourself because you are the one that answers to the judge. I also spoke for the council during the court case because my ATM didn't know what she was doing. She also changed time sheets and mileage claims without consulting me. On any one day I was driving over 100 miles as the area was so big I also had a client in Lancashire that I had to drive to see nearly 400 miles in one day to keep within legislated timescales, I then had to continue doing the same like age the next day. She also said she had spoken to me about my work which she had not. She also questioned my honesty and integrity. I'm devastated! I did not have an argument with her and when I left I was bought a gift and a card I don't understand this trashing of me. Her final statement was that I was not suited to this work and that's not true, my clients respected and liked me despite having to overcome their difficulties - the only good thing she said was I was popular with my colleagues, as a social worker working with children if your rubbish you are not popular because you add to the strain of the team. One mistake brings everyone into disrepute
Ben Jones :

It is anyone’s guess whether they would admit their errors or not, it really depends on the employer, the people running this at their end and so on – simply no way to predict if they will do the right nothing or try to cover things up further – only time will tell. But the more pressure that is put on them, especially with potential legal proceedings, the more they may try and rethink their position. When providing a reference, an employer owes the employee a duty of care to ensure that the contents of the reference are accurate and not misleading. If they breach that duty by providing a false reference they would be acting in a negligent manner and the affected employee can consider making a claim for damages incurred as a result of that negligence. So whilst at this stage you just undertaking negotiations over this, if you have to take the matter further and for example provide the employer with formal notice that you intend on taking legal action for negligence, they could be prompted to reconsider their decision and seek some resolution without having to resort to defending a claim in the courts.

JACUSTOMER-l6cjikv8- : thank you I hate that they have done this to me, and I can not understand why! I don't want to be tied up in legal stuff as I know that takes time and costs the earth. Why would anyone deliberately set out to lie in such a way? I'm scared that my career will be over because of this, if they do investigate and check my notes also check the times I was in and out of the office plus speak to my clients they will know that the reference is wrong. In your experience do they ever admit they were wrong?
Ben Jones :

difficult to say what their agenda was in providing this reference but obviously something prompted them to do it. You do not necessarily have to take legal action but the threats of such could change their stance. It is very difficult to say employers do or do not admit such errors - it really varies from one employer to the next, the reasons why this happened, what their intentions were and so on

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Expert:  Ben Jones replied 2 years ago.
Hello Mary, please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this? Thank you
Customer: replied 2 years ago.
For Ben Jpnes


This is the agreement they want me to sign I refuse to do so unless the original reference is destroyed what do you thinks Ben jones
This Settlement Agreement is made between Mary Josephine Foster of 86 Butely Road Luton LU4 9EX (“Ms Foster”) (1) and Surrey County Council of County Hall Penrhyn Road Kingston-upon-Thames Surrey KT1 2DN (the “Council”) (2)
Whereas:
1. The Council gave a reference dated 3 January 2014 completed by Siobhan Walsh which it considers a true accurate and fair representation of Ms Foster’s time working with the Council between September and December 2013 but which Ms Foster disputes is true accurate and fair
2. The Council has investigated the reference and maintains it is true accurate and fair
3. Ms Foster disputes this and has indicated an intention to start legal action for damages
4. The parties have agreed to resolve the dispute between them on the basis that the Council provides an open reference as set out in the Schedule below
It is agreed:
1. The Terms of this Agreement are without admission of liability on the part of the Council and are in full and final settlement of all claims, costs, expenses or rights of action of any kind (if any) whether at common law, contractual, statutory or otherwise which Ms Foster may have against the Council, its officers, professional advisers, employees or agents from time to time which arise out of or in connection with the Claimant’s work with the Council in 2013 and /or the reference dated 3 January 2014 that the Council gave (the “Claims”).
2. The Respondent will provide Ms Foster with a signed open reference on headed notepaper in the form set out in the Schedule below in full and final settlement of all claims described in Clause 1 above to the Claimant within 7 days of a copy of this Agreement being received by the Council signed by Ms Foster.
3. In return for the agreement to provide a signed reference as set out in Clause 2 above Ms Foster agrees not to issue proceedings whether in the County Court or in the High Court or elsewhere in respect of the Claims.
Schedule
To whom it may concern
Mary Foster was introduced by Caritas Recruitment and worked with Surrey County Council as agency staff from September 2013 to December 2013 as a social worker. She worked in one of the Council’s Child Protection and Care Proceedings Team undertaking statutory visits to children and progressing care plans for children subject to child protection plans.
She left after giving notice in December 2013.

Signed by Mary Josephine Foster…………………………………… ​​Dated……………

Signed on behalf of Surrey County Council……………………………………… Dated……………
Customer: replied 2 years ago.
For Ben Jpnes


This is the agreement they want me to sign I refuse to do so unless the original reference is destroyed what do you thinks Ben jones
This Settlement Agreement is made between Mary Josephine Foster of 86 Butely Road Luton LU4 9EX (“Ms Foster”) (1) and Surrey County Council of County Hall Penrhyn Road Kingston-upon-Thames Surrey KT1 2DN (the “Council”) (2)
Whereas:
1. The Council gave a reference dated 3 January 2014 completed by Siobhan Walsh which it considers a true accurate and fair representation of Ms Foster’s time working with the Council between September and December 2013 but which Ms Foster disputes is true accurate and fair
2. The Council has investigated the reference and maintains it is true accurate and fair
3. Ms Foster disputes this and has indicated an intention to start legal action for damages
4. The parties have agreed to resolve the dispute between them on the basis that the Council provides an open reference as set out in the Schedule below
It is agreed:
1. The Terms of this Agreement are without admission of liability on the part of the Council and are in full and final settlement of all claims, costs, expenses or rights of action of any kind (if any) whether at common law, contractual, statutory or otherwise which Ms Foster may have against the Council, its officers, professional advisers, employees or agents from time to time which arise out of or in connection with the Claimant’s work with the Council in 2013 and /or the reference dated 3 January 2014 that the Council gave (the “Claims”).
2. The Respondent will provide Ms Foster with a signed open reference on headed notepaper in the form set out in the Schedule below in full and final settlement of all claims described in Clause 1 above to the Claimant within 7 days of a copy of this Agreement being received by the Council signed by Ms Foster.
3. In return for the agreement to provide a signed reference as set out in Clause 2 above Ms Foster agrees not to issue proceedings whether in the County Court or in the High Court or elsewhere in respect of the Claims.
Schedule
To whom it may concern
Mary Foster was introduced by Caritas Recruitment and worked with Surrey County Council as agency staff from September 2013 to December 2013 as a social worker. She worked in one of the Council’s Child Protection and Care Proceedings Team undertaking statutory visits to children and progressing care plans for children subject to child protection plans.
She left after giving notice in December 2013.

Signed by Mary Josephine Foster…………………………………… ​​Dated……………

Signed on behalf of Surrey County Council……………………………………… Dated……………
Expert:  Ben Jones replied 2 years ago.
This is a settlement agreement - we cannot advice on these because to be legally valid you must receive legal advice on it from a solicitor, who will then signed it off - whilst I can usually do this with clients that I see, we cannot do this online as you are not officially my client and we cannot take on clients via this site. This means you must find a local employment solicitor who will advise you on this and sign the agreement off.

Apart from that, has your original query from a week ago been answered?

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