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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 7090
Experience:  English solicitor with over 12 years experience
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In June 2018 my former employer wrote a reference to my next

Customer Question

In June 2018 my former employer wrote a reference to my next employer which stated I had been dismissed for gross misconduct. This was not true as at the time of writing the reference the method of dismissal had been changed to dismissal under the short service clause in my contract. The employer who received the reference then revoked my offer of employment. Do I potentially have a claim for negligent misstatement in this issue? I was subsequently unemployed for 2.5 months and have then been working in a job earning more than £10k a year less, this as well as the stress caused.
Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: No not yet, the issue only came to light when I was looking through the timeline of events as I was also making a claim for unlawful deduction of wages which has now been dealt with.
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee, yes I belong to a union but they won’t offer advice or support.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No thanks
Submitted: 11 months ago.
Category: Law
Expert:  UKSolicitorJA replied 11 months ago.

Hello,

Yes, you may make a claim against your former employer for making a false reference negligently.

You would have a better chance of success if you instruct a solicitor.

May I help further?

Customer: replied 11 months ago.
Thank you. Due to being unemployed for that period last year I had to use most of my savings to cover this, I would ideally like to use a solicitor on no win no fee terms are you able to help with searching on this basis?
Expert:  UKSolicitorJA replied 11 months ago.

I am afraid I am only able to refer you to the Law Society find a solicitor portal https://solicitors.lawsociety.org.uk/

please click on 5 stars

Customer: replied 11 months ago.
Ok no problem thanks for your help. In terms of making a claim my understanding is there is a financial element which is fairly simple to prove in terms of my losses for being unemployed and also working in a lower paid job. What is the situation with a claim for potential future loss (I.e it’s difficult to determine how long it will be until I am earning at the same level) and also is there potential to claim for injury to feelings, damage to reputation etc? I appreciate you won’t be able to give amounts but just if this is something that can be part of the claim or not. Thanks again.
Expert:  UKSolicitorJA replied 11 months ago.

Please accept proposal to continue.

Customer: replied 11 months ago.
Am I not able to just ask questions without paying for Q and A time?
Expert:  UKSolicitorJA replied 11 months ago.

As a general rule, damages are normally concerned to put you back in the position you would have been if the wrong had not been committed and the loss may be direct, loss of salary etc. as well as indirect, injury to feelings etc.

All the best. Please leave a rating so that I am credited for my help.

Expert:  UKSolicitorJA replied 11 months ago.

Please click on 5 stars so that I can close this question. It is still open. Thank you