UK Employment Law
UK Employment Law Questions Answered by Verified Experts
I resigned from my last job. Later I was offered a role, which strangely got withdrawn after they started to seek references, my last employer is quite spiteful and I know the fact I resigned left them unhappy. I wrote to the company that withdrew their offer to ask if it was the fact my last employer was negative.. I did not receive a reply. I have now been offered another role, and the CEO informed me that my previous employer wrote refusing a reference, which has left a huge ? over me, also one of their employees who unfortunately knows a member of what will be my new team has said some negative things about me, this has left me not only baffled as to why, because I have a letter from my past employer after I resigned thanking me for my valued service etc.. thank goodness I kept it. However, this negativity that has reached my new employers has already scarred me before I even start, and I believe cost me a previous job offer. If this does at the end of the day cost me this role also.. or any other in the future do I have a case for Legal action?? I know a past employer can refuse to give references but if this is costing me my career and future employment surly I have a legal case.. I may never work again as a result. I did my job well at my last employment.. had no disciplinary ... what can I do to put a stop to them interfering with my future employment. Thanks Michele
Thank you for your answer. Just so I fully understand, the fact I feel a previous job offer was withdrawn after seeking a reference from my ex employer, and now it has been confirmed with this new role that they refused a reference, plus the female associate of my ex firm connecting deliberately to almost sabotage this new role with one of my new team members would allow me to pursue legal action based on breach of duty of care? I know employers do not have to legally give references but this is clearly damaging my future prospects. So, in your opinion I would have a case if I am forced to take them to court? would it be a tribunal or a county court situation? I feel so strongly that people should not be allowed to get away with this... I start my new role on Monday and already have my new team feeling negative about me.
Thanks, XXXXX XXXXX I have you here, I have a feeling the reference may have been verbal with the role that was withdrawn as they asked me for phone numbers of 2 referees, I know the second was telephoned and asked for an email with positive & negative comments, however, that reference was glowing, because I received a copy. Proving my ex employers was lacking in duty of care may be difficult there, unless the manager confirmed in a letter if approached by a legal body. I will absolutely not proceed just yet, as you quite rightly said, although things have been damaged in my new role with people that don't even know me, which makes things very stressful for me before I even start, the job at the moment has not been withdrawn just tarnished. However, if I have to move on for whatever reason I will come up against this time and time again and I need to know that repeated refusal by them, which is blocking my chances of employment will allow me to sue, I feel I have already lost one role, and here I am with another hanging by a thread all because I resigned. I need my ammo in knowledge, at least if necessary I can relate that, and also they will have every corner covered o I need to know my legal standing if I need it.. the knowledge would have a case will at least will make me feel better. I also have photos taken at a social event only 3 weeks before I resigned with them and the team, close images in a warm manner, plus a letter regrettably accepting my resignation and thanking me for my valued service, wishing me happiness for the future. My new employer has this which saved me really, they felt it a total contradiction by my ex employer.. however, after I got over that, this associate of there's contacted one of my new team members. All very stressful John
I could also at that point sue for damages and loss of earning yes? as well as a fair reference for the future?
John, thank you so much for all your advice, you have very much helped, if I need you agin, I will find you here, yes?
warm wishes to you & have a lovely Christmas
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