i applied for a job and was successful,i was offered it on condition of 2 satisfactory work references,health check,and crb check. all was fine apart from one from my last employer,when my current (pending) employer received it back they said it didnt tally up to what i put on my application form,i never lied. but because of this they have withdrew the offer of employment,i ned to find out is there anything i can do to gain a copy of this,or who should i take it up with,thanks in advance.
2007-06-19
23:33:42
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8 answers
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asked by
joanne h
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in
Politics & Government
➔ Law & Ethics
I assume you're in the UK.
I'm afraid ACAS cannot assist you save in relation to a tribunal claim.
If your former employer gave a negligent reference, they can be liable for any losses that result - "Spring vs Guardian Assurance".
A bad reference which is not negligent, is not actionable.
the suggestions from the other contributors above are generally very good, but there is no mean of forcing either your ex-employer or prospective employer from releasing the reference save in the disclosure process should you decide to sue them.
A solicitor's letter might get it released, but you'd have to pay the solicitor...
2007-06-20 00:39:06
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answer #1
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answered by JZD 7
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All you can do is ask. Firstly ask the prospective employer if they will give you a copy of the reference or at least tell you what was different. If you get a copy check it carefully and if you don't agree with anything go back to the referee and ask why it is wrong. It is illegal to give a 'bad' reference so if they have done that contact ACAS.
If neither will co-operate contact ACAS anyway and see if they will intervene on your behalf.
2007-06-19 23:46:44
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answer #2
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answered by Anonymous
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The only way to get it would be to sue one of them. Either one would have to be stupid to just hand you what might be grounds for a lawsuit, accurate or not.
Lawsuit-shy companies these days flatly refuse to give references at all. If they give a good reference and the person steals from the new employer, they might be held liable. If they give a bad reference, the applicant might sue. There's nothing to gain by giving a reference.
2007-06-19 23:42:01
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answer #3
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answered by open4one 7
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Surely you can get this information by making a Subject Access Request under the Data Protection Act. The Act makes provision so that individuals can see what personal information is held about them, including personnel files. Write to them quoting the Act and Subject Access Request saying you want a copy of your file and the reference in particular. The only drawback is that they have 40 days to do it and can charge you £10.
2007-06-20 01:09:12
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answer #4
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answered by derbyandrew 4
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I would contact your old companies hr department and explain what has happened, I would send them a copy of what you put on the application and ask them to compare to their notes, and see what the differences are, however if your old employer refused to give a reference then it gives the impression you were cr*p at your job.
I hope it works out for you
2007-06-19 23:38:01
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answer #5
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answered by sarah n 2
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If i didn't give someone a reference,it meant that i didn't want to embarrass themselves ,as i cannot say anything that isn't true.
The rule of thumb is ,if they were good give them a reference,if not,then don't give the reference out.
It will tell the respective employer that i didn't think this person was worth a reference.
2007-06-23 12:07:51
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answer #6
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answered by First CHARLIE 7290 2
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Yes she can do that if she wants I suggest you continue to put her down as reference and tell any new employer that she may refuse to proved one
2016-05-20 06:09:16
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answer #7
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answered by Anonymous
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You should ask them what it was that was wrong/incorrect with the references.
Its the least you could do before going back to your previous employer, because it might look as if you're asking them to lie for you.
2007-06-19 23:37:39
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answer #8
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answered by michael2003c2003 5
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