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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48201
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My daughter who is 18 years old has been working as an Learn

Resolved Question:

Hi there,
My daughter who is 18 years old has been working as an Learn Direct apprentice nursery nurse in a private nursery, and has been repeatedly bullied and intimidated by the manager/owner of the practice. She was not allowed to leave the place of work during her own lunch time, with reasons being given that the manager needed all staff on site so as not to loose her licence.
The nursery was a converted house and the main office doubled as the bathroom for the 24 children in care there. The small office was the only place my daughter could eat, all the while children were brought in and out to use the toilet and for nappy changing.
After several events where my daughter was really stressed about the position she was signed off work ill, with the full support of her Learn Direct mentor, to move to a different nursery.
During her time off she has contacted a few of the other local nurseries and been offered a position, and she officially handed in her notice to the original nursery.
She started work today and was asked for her CRB check information which is still held at the original nursery. On calling the original nursery, my daughter was asked for the forwarding address of the new nursery. As soon as she had provided this information, the manager has phoned the new nursery and slandered my daughter to the staff, and now they are reluctant to take her on board.
Is there anything that can be done about this, or any help or advice that you could give to ease the situation?
Thank you in advance,
***** *****wood.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

What has her new employer said regarding your daughter's employment position?

Customer: replied 1 year ago.
Following the conversation with the ex-employer, they are now concerned that she is a liar, and that her work standards are poor, and that the new employer are considering whether or not to proceed with the employment.
Customer: replied 1 year ago.
I would prefer to keep with emails at the moment as I am at work and cannot speak.
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day 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. Thank you.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. The first thing you need to consider is whether the offer of the new job was conditional on anything, such as satisfactory references. If it was, then they can potentially revoke the offer if a satisfactory reference has not been obtained. In that event the rights will mainly shift against the old employer and I will discuss that below. However, if the offer was not conditional on anything, the new employer could be acting in breach of contract if they now revoke the offer of employment so she can potentially hold them in breach of contract.

In terms of what the old employer has done that can amount to negligence and/or defamation. In terms of negligence, 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.

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.

On the other hand, defamation is when a false statement is made about someone although this is a lot more expensive and difficult to pursue so whilst you can use it as a threat to make them retract their statement, I would not recommend it is pursued formally in court.

This is your basic legal position. I have more detailed advice for you in terms of the options you have I terms of legal action for negligence and how to pursue this, 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, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Customer: replied 1 year ago.
Hi Ben,
My daughters Learn Direct Mentor has been in touch with the new employer and vouched for her character to negate any issues with her new employment.
I would like to pursue a letter to the old employer, if only to give a shot across the bows to make her think of the implications of her actions, but I am just not sure if this is wise.
All said and done she is happy with her new work place and the new employer is happy with the character reference given by the mentor, therefore on this occasion I think we are just going to have to take this as a lessons learnt experience and move on.
Thank you for your help and support.
***** *****wood.
Expert:  Ben Jones replied 1 year ago.

Hello Brendan there is nothing stopping you from sending such a letter but you have to think if t will achieve anything or if it will just create further difficulties in the future. I would say now that this has been resolved it is best to move on but if it happens again in the future then by all means take a more aggressive approach. All the best and please take a second to leave a positive rating for the advice. Many thanks

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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