UK Employment Law

UK employment law questions answered by verified Experts

Ask an Expert,
Get an Answer ASAP!

This answer was rated:

I was offered a provisional senior position job from another…

I was offered a provisional...
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?
Show More
Show Less
Ask Your Own UK Employment Law Question
Answered in 41 minutes by:
7/20/2013
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,488
Experience: Qualified Employment Solicitor
Verified

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

Ask Your Own UK Employment Law Question
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
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,488
Experience: Qualified Employment Solicitor
Verified
Ben Jones and 87 other UK Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 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 reply replied 4 years ago


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

Customer reply replied 4 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,
This answer is protected
Would you like to ask this question?
If you've already paid for this answer, simply Login.
Was this answer helpful?
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,488
50,488 Satisfied Customers
Experience: Qualified Employment Solicitor

Ben Jones is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

50,488 satisfied customers

Qualified Employment Solicitor

Jenny McKenzie

Jenny McKenzie

1,919 satisfied customers

10 Years of experience in Employment Law and HR

UKSolicitorJA

UKSolicitorJA

Solicitor

390 satisfied customers

solicitor

John Knox

John Knox

Solicitor

72 satisfied customers

Solicitor and Advocate

Kasare

Kasare

Solicitor

35 satisfied customers

LLB (Hons)

Buachaill

Buachaill

Barrister

23 satisfied customers

17 years experience

INC

INC

Solicitor-Advocate

22 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

< Previous | Next >

Related UK Employment Law Questions
I have been accused of theft in the workplace and the police
I have been accused of theft in the workplace and the police are now involved. I don't know what to do … read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,988 satisfied customers
I have worked for my employer for 10 years on 27th May this
For Ben Jones I have worked for my employer for 10 years on 27th May this year and have recently been made redundant whilst on sick leave. I have a query regarding how the criteria used in the selecti… read more
Ben Jones
Ben Jones
UK Lawyer
50,488 satisfied customers
I had to go A and E on saturday due to abdominal pain. I
Hi i had to go A and E on saturday due to abdominal pain. I rang my employer and asked to payback my hours rather than sick as it would trigger a warning as i took a sick in november 2017 but she refu… read more
Ben Jones
Ben Jones
UK Lawyer
50,488 satisfied customers
My girlfriend has been asked to attend a meeting discussing
My girlfriend has been asked to attend a meeting discussing whether or not she be terminated from work due to business circumstances. This meeting is on Friday and she has been told the only alternati… read more
Ben Jones
Ben Jones
UK Lawyer
50,488 satisfied customers
I have three questions which I hope you can help me with. My
For Ben Jones I have three questions which I hope you can help me with.My first question: I have recently been made redundant whilst on sick leave. I was given 4th May 2018 as my date of redundancy an… read more
Ben Jones
Ben Jones
UK Lawyer
50,488 satisfied customers
I am writing to ask you question about the Employment Law.
Dear Sir, I am writing to ask you question about the Employment Law. My employer has been using some Law to make me redundant and it is very obvious to me that their action is unfair and prejudiced. I… read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
231 satisfied customers
How are you?. Please could you help me? I started to work
Hi. How are you? I'm Aura. Please could you help me? I started to work for this company in 04.07.16. So unfortunately I have less 2 years. 27.01.18 I used Whistle blowing procedure to alert about Mana… read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
231 satisfied customers
I had a query in regards to commission clawback by an
Hi, I had a query in regards ***** ***** clawback by an employer. I am currently a self employed life insurance advisor for a company, if I am to leave can the company I work for legally require me to… read more
Ben Jones
Ben Jones
UK Lawyer
50,488 satisfied customers
I have an employment contract for the last 24 years from our
I have an employment contract for the last 24 years from our company in the UK. Since January 1, 2007 I have been assigned to our German office with a German boss, who has determined my salary, bonus … read more
Ben Jones
Ben Jones
UK Lawyer
50,488 satisfied customers
I accidentally left my bag with my uniform and ID card with
I accidentally left my bag with my uniform and ID card with codes for departments on public transport. I have reported it lost and the ID card has been deactivated and the department in question has c… read more
Ben Jones
Ben Jones
UK Lawyer
50,488 satisfied customers
Can a majority of 52% of shareholders terminate the board of
Hi, can a majority of 52% of shareholders terminate the board of directors without calling for an EGM and replace them with themselves ?… read more
Buachaill
Buachaill
Barrister
Master's Degree
23 satisfied customers
I help manage a team of people in the United Kingdom. Can
I help manage a team of people in the United Kingdom. Can you help me understand how to distinguish between someone being a contractor versus an employee in that jurisdiction ? I'm familiar with the l… read more
Ben Jones
Ben Jones
UK Lawyer
50,488 satisfied customers
UK - English Tax Law ..... Since my Philippino wife
UK - English Tax Law ..... Since my Philippino wife came to England in October 2008, she started working as a Nanny/Housekeeper for a family that now has 5 Son's, receiving £230:00 a week (4 years ago… read more
Sam
Sam
Tax Consultant
Higher Officer HMRC
7,557 satisfied customers
We have an employee who has worked for us for 3 months. We
We have an employee who has worked for us for 3 months. We advertised on Indeed for a part time warehouse operative on flexible hours at living wage which was then £7.50 an hour. All of our other ware… read more
Ben Jones
Ben Jones
UK Lawyer
50,488 satisfied customers
Hi i am looking forward to work as self employed and considering
Hi i am looking forward to work as self employed and considering an option to be a sole trader or setup a LLP company. I would like to know which is more tax efficient and legal. I have been approache… read more
SoftwareVince
SoftwareVince
Senior Accountant
Master's Degree
25 satisfied customers
I have been working Irish construction company 5 years on a
I have been working for an Irish construction company for over 5 years on a commission only basis. I had another job (part-time) when I started but after 6 months gave that up to work full time for th… read more
Sam
Sam
Tax Consultant
Higher Officer HMRC
7,557 satisfied customers
AverageI have to pay my employees average commission over
Average I have to pay my employees average commission over three years. I know that this is the amount divided by 36. However, if a new person starts and has one month commission how should this be ca… read more
taxadvisor.uk
taxadvisor.uk
Accountant and Tax Practitioner
Chartered Certified Accountant - FCCA
3,164 satisfied customers
I was born in July 1953 so am almost 58 I am starting to be
I was born in July 1953 so am almost 58 I am starting to be unwell and as I work in a very stressful environment may shortly have to leave work and possibly look for work eslewhere at a later date but… read more
berduchwal
berduchwal
Senior accountant
Licenciatura
669 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x