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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
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I was offered a provisional senior position job from another

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I was offered a provisional senior position job from another company subject to clearance of references. However, it seems that the final offer of the job is mostly likely be sabotaged due to a bad reference given by my current Line Manager as she wrote in her reference statement that I react badly to any constructive criticisms by my peers and her which I find no truthfulness in her statement and I think it's more of a personal thing against me.
Can I approach the company who offered me the provisional job and explain myself before they make a final decision soon?

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Have actual seen the actual reference that has been provided?

Customer:

yes, I've seen the reference of my current line manager

Apologies for the slight delay, I experienced some temporary connection issues earlier. There is nothing stopping you from approaching the new employer and explaining the situation regarding the references. No one can stop you from contacting them but it is up to them to decide whether to take your side of the story into account.

In terms of your general position in relation to the reference, the law requires the employer to be accurate in the contents of the reference and ensure it is based on facts, rather than personal opinion.

Certain difficulties may arise, depending on the circumstances that have led to a particular reference. For example, in the case of Bartholomew v London Borough of Hackney the court decided that the employer was not in breach of its duty of care to the employee by providing a reference which contained details of disciplinary proceedings which were pending when the employee left. An employer is under a duty of care to provide a reference that is true, accurate and fair and does not present facts so as to give a misleading impression overall. Therefore, if the employer had not included details of the disciplinary proceedings it would have failed in its duty to the prospective employer to provide a reference that was not unfair or misleading.

In the later case of Cox v Sun Alliance Life Ltd it was decided that an employer will be negligent in providing a reference that refers to an employee’s misconduct unless the employer had carried out an investigation and had reasonable grounds for believing that the misconduct had taken place.

If some of the above conditions are met, the employer is unlikely to be acting unlawfully or negligently and can provide the reference in question. However, if it is obvious that incorrect facts have been relied on, the contents are false or evidently misleading, there may be a potential case for negligence against the employer and this matter could be taken further by seeking compensation due to negligence in the civil courts.

I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you
Ben Jones and 2 other UK Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

This is my intended letter to the Company who gave the provisional job. I need your feedback please!


To whom it may concern:




I assumed that you have already received some my references. I have a copy of the reference provided by my current Line manager and I want to reassure you to the best of my knowledge that the statement she wrote about me 'reacting badly to any constructive criticisms' is false and I felt that it is generalising, biased and more of a personal thing between me and her. Her choice of using words or statements, such as 'badly reacts' and 'any constructive criticisms', is used in superlative negative sense and that such statements are unfounded and assuming in her part. With my 3 years of service at my current clinical practice, It is a wonder why it took her only this time to address such issues specially when i am about to leave and take a new career development opportunity. On this note, I can provide you further references or statements from my current and previous medical and nursing colleagues if necessary and I can also provide you a copy of my last year's appraisal. Regarding the issue on taking management or leadership responsibility, I take charge of the Injuries Unit as the lead ENP when I am the most senior on my shift providing leadership and guidance on clinical and management issues for my colleagues in the Injuries Unit including teaching and supervisory roles, providing effective care for patients, maintaining and achieving targets as much as possible , maintaining and ordering adequate and appropriate stocks for the unit, and dealing with inquiries, complaints and other issues right then on the clinical area. At present, I just finished rewriting/revising the Wound Closure Handbook for the staff undergoing a suturing course and wound closure management which I can provide a copy of this handbook to assure you that I participate in issues on management or leadership responsibility.





I wrote this letter to address the issues regarding my reference and to reassure you that I value and react to criticisms in a civil way and most specially when addressed constructively and objectively. In return, I give or share my opinion or ideas in diplomatic and professional manner. In addition, I also highly consider management or leadership responsibility as a vital part of my role.





Your understanding and kind consideration will be highly appreciated. Thank you.


Yours Sincerely,


Customer: replied 3 years ago.


I'm still waiting for your feedback on my intended letter regarding my reference.

Customer: replied 3 years ago.

This is my intended letter to the Company who gave the provisional job. I need your feedback please!

To whom it may concern:

I assumed that you have already received some my references. I have a copy of the reference provided by my current Line manager and I want to reassure you to the best of my knowledge that the statement she wrote about me 'reacting badly to any constructive criticisms' is false and I felt that it is generalising, biased and more of a personal thing between me and her. Her choice of using words or statements, such as 'badly reacts' and 'any constructive criticisms', is used in superlative negative sense and that such statements are unfounded and assuming in her part. With my 3 years of service at my current clinical practice, It is a wonder why it took her only this time to address such issues specially when i am about to leave and take a new career development opportunity. On this note, I can provide you further references or statements from my current and previous medical and nursing colleagues if necessary and I can also provide you a copy of my last year's appraisal. Regarding the issue on taking management or leadership responsibility, I take charge of the Minors Unit as the lead NP when I am the most senior on my shift providing leadership and guidance on clinical and management issues for my colleagues in the Injuries Unit including teaching and supervisory roles, providing effective care for patients, maintaining and achieving targets as much as possible , maintaining and ordering adequate and appropriate stocks for the unit, and dealing with inquiries, complaints and other issues right then on the clinical area. At present, I just finished rewriting/revising the Wound Closure Handbook for the staff undergoing a suturing course and wound closure management which I can provide a copy of this handbook to assure you that I participate in issues on management or leadership responsibility.
I wrote this letter to address some issues raised regarding my reference and also to reassure you that I value criticisms and I react to them in a civil way and most specially when addressed constructively and objectively. In return, I give or share my opinion or ideas in diplomatic and professional manner. In addition, I also highly consider management or leadership responsibility as a vital part of my role.
Your understanding and kind consideration will be highly appreciated. Thank you.
Yours Sincerely,
Hello I have looked at the letter and see no issue with it, you are perfectly entitled to make these comments if you believe they are necessary

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