Employer using reference to stick the knife in...
Employer using reference to stick the knife in...
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G_T

Original Poster:

16,163 posts

210 months

Wednesday 27th January 2010
quotequote all
Right need the collective's advice. Been offered a job elsewhere pending references and a CRB check. Currently working notice.

A mandatory reference was my current manager. The NHS has sent a few forms for her to fill in.

However... The manager and director are now taking the opportunity to stick the knife in. The reference is being handed back and forward hidden under a sheet of paper. I have now been informed by other members of staff that they are taking the opportunity to exercise some sort of petty vendetta.

As a bit of background, this is due to the fact I refused to work on a contract last year because it was morally abhorrent and against the terms of my employment (was verbally assured I wouldn't have to work with said company). In addition to this the director of our "company" flogged me a set of hair straighteners that turned out to be fake so I point blank wanted my money back.

I've never been formally warned, have had 2 authorised sick days and I always go above and beyond (although I suspect this won't be mentioned).

The question is do I go straight to my new employer and point out the fact they appear to be taking the opportunity to exercise their right to be aholes or do I simply leave it be at the risk of sounding petty?

Typically I would rely on the common sense of the new employer however the new employer is the NHS!


ETA: Oh and I will of course be obtaining a copy of said reference ASAP.







Edited by G_T on Wednesday 27th January 15:46

Muzzer

3,814 posts

241 months

Wednesday 27th January 2010
quotequote all
I'm no employment lawyer but IINM, if you fail to get the new job on the basis of a duff reference (and if you ask, the NHS in this case have to tell you why you weren't successful) you can request a copy of said reference.

If you find the reference to be in anyway false or defamatory, you can take your former employer to court.

Somewhatfoolish

4,919 posts

206 months

Wednesday 27th January 2010
quotequote all
You could remind your current manager of your right to sue for libel smile

G_T

Original Poster:

16,163 posts

210 months

Wednesday 27th January 2010
quotequote all
I know even a derogatory reference will probably be fine in that it will very obviously be utter bullst as I have loads of contacts that can vouch for me.

Starting a new job is stressful enough without this ste though!

Doesn't really make me feel like being very productive during my notice period either...


GT03ROB

13,943 posts

241 months

Wednesday 27th January 2010
quotequote all
An employer who uses a reference to stick the knife in, is daft as a brush. It is legal proceedings all the way & they know it. Most employers who have something negative to say simply do not give a reference, period. It means much the same thing.

qube_TA

8,405 posts

265 months

Wednesday 27th January 2010
quotequote all
It's illegal to give a bad reference, at best you can just refuse to give one.


G_T

Original Poster:

16,163 posts

210 months

Wednesday 27th January 2010
quotequote all
GT03ROB said:
An employer who uses a reference to stick the knife in, is daft as a brush. It is legal proceedings all the way & they know it. Most employers who have something negative to say simply do not give a reference, period. It means much the same thing.
There's ways around it though. Deliberately vague answers and undermining someones achievements in open ended questions is easy enough to do.

I've only glanced at the forms but I dare say with a bit of a creative writing they could easily undervalue me to the point that it would be complete fiction, but impossible for me to take them to court.

Just boils my piss. You work your guts out then some jealous wker decides to take the opportunity to undermine you.

Will I download animal porn on the directors computer and piss in the kettle before I leave?

bitwrx

1,352 posts

224 months

Wednesday 27th January 2010
quotequote all
G_T said:
.....
Just boils my piss. You work your guts out then some jealous wker decides to take the opportunity to undermine you.

Will I download animal porn on the directors computer and piss in the kettle before I leave?
hehe Thought it was already boiled?

Somewhatfoolish

4,919 posts

206 months

Wednesday 27th January 2010
quotequote all
qube_TA said:
It's illegal to give a bad reference, at best you can just refuse to give one.
Rubbish

rpguk

4,505 posts

304 months

Wednesday 27th January 2010
quotequote all
Somewhatfoolish said:
qube_TA said:
It's illegal to give a bad reference, at best you can just refuse to give one.
Rubbish
Precisely! One can give any reference they want. If they give a bad reference which can't be backed up by fact then they leave themselves open to legal action though and this fear is why most people just stick to solid figures if giving a 'bad' reference.

singlecoil

35,595 posts

266 months

Wednesday 27th January 2010
quotequote all
Damning with faint praise is the old fashioned, and very effective, way.


G_T

Original Poster:

16,163 posts

210 months

Thursday 28th January 2010
quotequote all
bks to it.

If they slate me sufficiently that I don't get the job I'll see them in court as I know for a fact it will be lies.


cymtriks

4,561 posts

265 months

Thursday 28th January 2010
quotequote all
Pay someone to be your manager.

This is how everyone else does it in your situation.

Just ask a colleague to write you one for some housekeeping money.


If you don't want to do this do what I do and agree a limited reference such as "good at x", i.e. without mentioning "disagree on / bad at Y" that your manager doesn't see eye to eye with you over.

Your manager may be glad to close the issue like this.

G_T

Original Poster:

16,163 posts

210 months

Thursday 28th January 2010
quotequote all
As much as I'd love to have bribed a colleagu, unfortunately the reference specifically stated it had to be my line manager and everybody knows everybody in our business so the new boss would have known it to be a forgery.

It's fine. I've a good relationship with a lot of senior colleagues and clients. I'm sure any of them would be willing to give a more accurate description of my working capababilities should the need arise.

I appreciate the thought though chap.






NDT

1,766 posts

283 months

Monday 1st February 2010
quotequote all
qube_TA said:
It's illegal to give a bad reference, at best you can just refuse to give one.
That's a myth.
A negative reference which is false can leave an employer open to legal action, but if it's true and can be backed up then there's no law against it.

st_files

5,443 posts

201 months

Tuesday 2nd February 2010
quotequote all
G_T said:
director of our "company" flogged me a set of hair straighteners that turned out to be fake so I point blank wanted my money back
Sorry, but that made me chuckle. Seems so incongruous....

G_T

Original Poster:

16,163 posts

210 months

Tuesday 2nd February 2010
quotequote all
st_files said:
G_T said:
director of our "company" flogged me a set of hair straighteners that turned out to be fake so I point blank wanted my money back
Sorry, but that made me chuckle. Seems so incongruous....
In hindsight it was quite funny to sold a set of hooky hair straighteners by a 50+ year old company director who then towed the typical "they're not fake, they're just not brought in the country through GHD" line when confronted.

My mates thought it was fkin hilarious, I thought it was quite stressful.


prand

6,229 posts

216 months

Tuesday 2nd February 2010
quotequote all
G_T said:
st_files said:
G_T said:
director of our "company" flogged me a set of hair straighteners that turned out to be fake so I point blank wanted my money back
Sorry, but that made me chuckle. Seems so incongruous....
In hindsight it was quite funny to sold a set of hooky hair straighteners by a 50+ year old company director who then towed the typical "they're not fake, they're just not brought in the country through GHD" line when confronted.

My mates thought it was fkin hilarious, I thought it was quite stressful.
I don't understand, why is a company director selling fake goods to his employees, and what has this to do with dodgy references?

bonsai

2,015 posts

200 months

Tuesday 2nd February 2010
quotequote all
G_T said:
However... The manager and director are now taking the opportunity to stick the knife in. The reference is being handed back and forward hidden under a sheet of paper. I have now been informed by other members of staff that they are taking the opportunity to exercise some sort of petty vendetta.
How do you know this? If two senior people were doing that they'd surely keep quite about it and not tell someone who is clearly a confidant to you. Who is sneaking peeks at your reference?


Edited by bonsai on Tuesday 2nd February 18:08

G_T

Original Poster:

16,163 posts

210 months

Wednesday 3rd February 2010
quotequote all
bonsai said:
G_T said:
However... The manager and director are now taking the opportunity to stick the knife in. The reference is being handed back and forward hidden under a sheet of paper. I have now been informed by other members of staff that they are taking the opportunity to exercise some sort of petty vendetta.
How do you know this? If two senior people were doing that they'd surely keep quite about it and not tell someone who is clearly a confidant to you. Who is sneaking peeks at your reference?
Open office. Overheard by other staff members.