False gross misconduct on reference

[mums_taxi]

Sorry this may be a long post, just wanted to get a bit of information on behalf of my mum.
In 2012 my mum left a job as we relocated, she was still in her probationary period so only had to give one weeks notice, but actually gave them four. Recently she was offered a job, based off satisfactory references which was withdrew although very upset she was told the job offer was withdrew based off not receiving ‘satisfactory references’, but the prospective employer wouldn’t state anything else. Two weeks later she was offered another job but this prospective employer called my mum and stated that one reference had come back stating she had been dismissed for gross misconduct and they wanted more information. Obviously my mum had no idea what was going on and got in contact with the company. They stated in my mums file was details that she had been dismissed for gross misconduct so when she asked for more details they said they had none; no dates of any meetings, no details of the incident(s) that would have led to gross misconduct….. nothing. They stated they had sent letters to our old address, 8 weeks after we relocated and 8 weeks after my mums last day at the company, that were sent back to the company as no one signed for them.
Now my questions are
a)Is my mum entitled to a copy of these so called letters that we never received?
b)Would a company not keep details of any gross misconduct and if so is my mother not entitled to see a copy?
c)My mum became a foster carer in late 2012 and as such had to give prior job details for references. The fostering agency that employs my mum state they spoke with a member of my mum’s old employer and no mention of gross misconduct/dismissal was mentioned. Should we raise this with her old employer?
d)Would my mum have any grounds to bring this to a tribunal as to our knowledge at least two potential jobs may be withdrawn because of this ‘gross misconduct’ on a reference?
Thank you so much for any help you may be able to provide

[enquirer]

Re: False gross misconduct on reference

Send the previous employer a SAR (Subject Access Request) under the Data Protection Act 1998, requiring them to supply her with all documents relating to her. They can charge £10 for this.

If they have knowingly made a false written statement, that could well amount to libel. If it was done maliciously, with the intention of destroying your mothers employment prospects (thereby causing her loss and other harm), then it could be criminal libel.

She might also be able to sue for other losses.

If they refuse to co-operate or state that the documents are 'lost', report them to ICO (the Office of the Information Commissioner), with a view to obtaining their prosecution.

[mums_taxi]

Re: False gross misconduct on reference

thank you for a speedy answer.
May sound like a stupid question but is a SAR like a form you fill in? I ask this because I sent a email to the consultant HR manager(from my mums email address) and asked specifically for copies of these letters and gave a week for him to reply, is that enough or do I specifically need to state a SAR under the data protection act blah, blah blah?

[seduraed]

Re: False gross misconduct on reference

A Sar or SDAR is a subject data acess request . This requires the organises ation to supply all the data they hold on a living individual to that individual . The organisation are entitled to charge a fee £10 and this should be enclosed with the application . The data holders then have 40 calendar days to respond and supply the data . These requests are best sent signed for .

A more knowledgeable beagle will be along shortly to help withthe letter . thereis one on the site but I can't find it at the moment.

[enquirer]

Re: False gross misconduct on reference

May sound like a stupid question but is a SAR like a form you fill in?

It's the formal name given to your request.

I ask this because I sent a email to the consultant HR manager(from my mums email address) and asked specifically for copies of these letters and gave a week for him to reply, is that enough or do I specifically need to state a SAR under the data protection act blah, blah blah?

Yes - it would be better to set it out formally. Head the letter 'Subject Access Request - Data Protection Act 1998', and then state what documents you want. You are at liberty to demand 'everything'.

Don't use email as these have a habit of getting 'accidentally' lost. Always in writing - you are creating a paper trail with a view to possible litigation. Send it Recorded Delivery, too.

[bluebottle]

Re: False gross misconduct on reference

Send the previous employer a SAR (Subject Access Request) under the Data Protection Act 1998, requiring them to supply her with all documents relating to her. They can charge £10 for this.

If they have knowingly made a false written statement, that could well amount to libel. If it was done maliciously, with the intention of destroying your mothers employment prospects (thereby causing her loss and other harm), then it could be criminal libel.

She might also be able to sue for other losses.

If they refuse to co-operate or state that the documents are 'lost', report them to ICO (the Office of the Information Commissioner), with a view to obtaining their prosecution.

Sometimes the ICO goes down the Civil Monetary Penalty (CMP) route, in which case, the ICO can impose a fine of up to £500,000. It is my understanding the highest CMP the ICO has imposed to date is £480,000.