Lost Job due to poor reference.

[Billymol]

Looking for guidance - are you sitting comfortably?

I have recently been offered a position with a large national company after recently resigning whilst suspended pending a disciplinary from my previous employment of 10 years.

My new job offer was / is dependant on satisfactory references from my previous employer.

I originally tendered my resignation with my previous employer giving them 4 week notice, which would have allowed them to carry out the disciplinary process, however I received a phone call from my Manager saying they had consulted with HR and providing I was sure that I wanted to resign, then if I were to resign immediately then the disciplinary would not go any further and there would be no mention of the suspension or disciplinary appearing on any references. I then sent another letter in tendering my resignation with immediate effect stating this was based upon the telephone conversation of (date included) between myself and manager (name included) and on the proviso all details relating to the suspension and disciplinary would not be mentioned in any references. Whilst I did not get a letter of acceptance of resignation I was paid up to the date of my 2nd letter of resignation.

I am now aware that my old employer despite the conversation and letters above, are sending out references stating I resigned whilst suspended and pending a disciplinary.

This is obviously then having a negative effect on me being able to obtain alternative employment.

I have written to my previous employer stating the above and they are telling me the manager denies having this conversation with me.

If this was the case, surely they should have come back with a response to my 2nd letter of resignation where I clearly mentioned the telephone conversation and refused my resignation.?

Should they have written to me accepting this 2nd letter of resignation or in paying me up to this date is this their acceptance of my letter and its contents?

How do I get them to stop sending these type of references out to future employers?

Do I have any grounds in which I could legally pursue my previous employer and if so on what grounds.

Any help much appreciated.

[teaboy2]

Re: Lost Job due to poor reference.

Your not going to like this, but legally, they had accepted your first resignation and on that basis they said they would not mention the disciplinary in your reference. You then sent another letter of resignation where you resigned with immediate effect, wrongly assuming they would still not mention the disciplinary on your reference.

Basically you can not resign twice, your in breach of contract by not working your notice period, any agreement made between you and the manager in regards to your first letter of resignation was made with the consideration you would be working your notice period. But because you didn't you can not then expect them to keep to their word!

Legally the reference most be factual, and that is exactly what it is, unfortunately! So what the manager said is irrelevant anyway, despite his denials, because even if he had said it, it doesn't change the fact the agreement is factual, especially since it was a verbal conversation and nothing confirmed in writing. So you have no legal avenue to be able to do anything about it!

[Billymol]

Re: Lost Job due to poor reference.

Thanks Teaboy2, however my first letter of resignation was giving them the notice period required 4 weeks, I fully understood this would have meant the disciplinary going ahead. It was following the conversation with my Manager who quoted a discussion they had had with HR saying if I were to resend my resignation resigning with immediate effect then any future references would not mention the suspension or disciplinary.

I am aware they are only quoting facts, however it is the issue that they did not acknowledge receipt of my 2nd resignation despite this mentioning the telephone conversation and that the manager is denying this conversation and also they continue to send this reference to potential employers at no gain to themselves. If they as you said accepted my first letter the why did they ask for a 2nd letter resigning immediately?

I still feel there must be something I could do?

[matt3942]

Re: Lost Job due to poor reference.

Hi [MENTION=68821]Billymol[/MENTION]

Do you have any evidence at all to support your claim as regards the conversation between your manager and you?

In any case I would contact the 'new' employer and make a written subject access request to see the reference provided by your previous employer. I have attached a template provided by the Information Commissioner's Office.

Employers have an implied duty to take reasonable care when drafting references to avoid giving an unfair or misleading impression of the employee, even if the information is factually accurate. This means avoiding using phrases from which negative inferences may be drawn.

If you are able to obtain a copy and upload it here (without personal information) we can advise your further.

- Matt