Negative Reference Caused Job Offer to be Removed

[EagleBeagle]

Firstly, this: http://www.legalbeagles.info/forums/...A-Disciplinary is the background.

Fast forward, I had a job subject to references, and this was withdrawn after a negative reference from my former employer, which read:

"EB resigned whilst under investigation."

followed up with

"No, we would not re-employ EB."

To be clear: I did not resign; does this make a difference? Any further advice?

Thanks.

[CleverClogs]

Re: Negative Reference Caused Job Offer to be Removed

The numpty at Flintshire County Council seems quite determined to drop you into ever deeper shyte.

Why is that and what did he/she/it/they allege you'd done?

[bluebottle]

Re: Negative Reference Caused Job Offer to be Removed

It is my understanding that legal professionals have warned employers about the dangers and consequences of issuing employment references that contain statements that are false or inaccurate many times and it would appear that FCC has not heeded the advice of the legal profession. If you know what FCC said is untrue and have evidence to support it, it may be a case of instructing a legal professional to send a very strongly-worded letter to FCC. You will also need to establish if you can seek damages for what FCC has done and/or force them to retract.

[charitynjw]

Re: Negative Reference Caused Job Offer to be Removed

Hi EagleBeagle,

From what I understand, you had a number of successive fixed-term contracts which 'morphed' into the status of full-time employee as per employment law.

You were off work with stress-related illness when you were put on disciplinary for an unspecified (by you) reason, though it was not directly concerned with the illness.

You are now over the 3-month period in which to claim unfair dismissal.

The current issue is the content of the reference supplied, & the fact that it has cost you your 'new' job.

The $64,000 question........Is what they said in the reference true, & if not, can you 100% prove it to not to be true?

[EagleBeagle]

Re: Negative Reference Caused Job Offer to be Removed

Hi Charity, I sought legal advice and was advised it was highly unlikely I would succeed in an unfair dismissal claim.

At no point did I resign, I have an email making clear I did not resign after my employer presumed my resignation: I may be wrong, but unless you explicity resign, you have not resigned? Similarly, I have emails pointing out I wanted a new contract, due to the time-lapse between the contract ending in June, and them offering me a new contract in mid-July (again, per what I believe to be the law after doing research/being advised of this by an employment solicitor)

[wales01man]

Re: Negative Reference Caused Job Offer to be Removed

Did the Legal advisor offer advice on the reference?

[Inca]

Re: Negative Reference Caused Job Offer to be Removed

This 'legal adviser'................where from??

[charitynjw]

Re: Negative Reference Caused Job Offer to be Removed

Hi Charity, I sought legal advice and was advised it was highly unlikely I would succeed in an unfair dismissal claim.

At no point did I resign, I have an email making clear I did not resign after my employer presumed my resignation: I may be wrong, but unless you explicity resign, you have not resigned? Similarly, I have emails pointing out I wanted a new contract, due to the time-lapse between the contract ending in June, and them offering me a new contract in mid-July (again, per what I believe to be the law after doing research/being advised of this by an employment solicitor)

Not necessarily so, I'm afraid.
The contract can be ended due to repudiatory breach implied by conduct (ie not turning up for work), or even perhaps 'frustration'.
It is then down to the employer (in this case) whether or not to accept the breach, & therefore dismiss the employee.
It will always be a matter for the Employment to decide on the facts & evidence in each case.
However, if it can be shown that the reason for leaving was due to unacceptable actions of the employer, there could be a case for constructive unfair dismissal. A 'paper trail' would be almost certainly necessary; it would be difficult to prove if not documented.

But in your case, as the 3-month qualifying period for an ET claim is exceeded..........