Correspondence from HR

Former Member

Ok so two weeks ago today I was dismissed from my job for reasons I deemed unfair in many ways. (See other thread)

I was sent home halfway through a shift with no written explanation or anything.

I wrote to them telling them I thought the decision was unfair and well over a week later I get this short and pitiful letter which was less than sympathetic and rude imo.

"I am writing to acknowledge your correspondence dated 10th March 2010.

I can confirm that all offers of employment are made subject to a three month trial and the receipt of satisfactory references. Unfortunately you failed your trial period with the company due to us being unable to obtain satisfactory references.

The decision is final and there is no right of appeal."

No "I wish you the best of luck in your search for employment" F*** all.

Also dis-satisfactory references is not what I was told by the manager. It was that I hadn't told them I left the last post on account of bullying by my erstwhile manager. And when I later told them that they let me go.

Now I'm going to write back to them and try to make it as difficult for them as I can.
Do I have a right to see my references?
Also I don't think they should have let me start work until references had been obtained and cleared thus wasting my time and causing distress in the process.

Former Member

YOu have the right to see information held about you by their organisation.

It would be worth you getting htis, so you can see exactly what the problem with your refs were. As for persuing making things difficult for them, I think that might end up only hurting you with the negative feelings that you'll have to hold on to to do it.

Former Member

I already feel sick because of it.
I have never been so frustrated and annoyed about anything before.

Former Member

You have to do what's best for you and I think that would be getting over it by getting another job. You got this one in the first place so, sort out your references and get another, don't allow them to cause you to be eaten up inside by self-doubt.

Former Member

I'm just going to send them this letter then let sleeping dogs lie.

Thank you for your reply to my letter with regards to my dismissal and providing a reason for it.

I was wondering if perhaps I could have a copy of my references, which were deemed unsuitable thus resulting in the termination of my brief employment with the company. If these could be provided then this would be of a great use to me since they have resulted in the loss of a job offer in this instance. It is my concern that perhaps the references have contained untruthful statements and/or perhaps something derogatory. If this is the case then this could have an impact on my future plans to earn a living and thus I should attempt to seek references elsewhere.

It is also my concern that my erstwhile manager provided me with no written confirmation concerning my dismissal as well as no P45 being forwarded to me two weeks post dismissal. I must here too point out that no contract being drawn up for me to sign when I started work is questionable and unorthodox. In my past experience this has always been one of the first things to be taken care of with new employment, even in cases of temporary trial periods such as this was.

I hope you can find the time to consider the matter very carefully and see what an impact the situation has had on my search for a viable career.

Former Member

subject access request http://www.ico.gov.uk/what_we_cover/data_protection/your_rights/how_to_access_information.aspx

Olly_B

Hi Mylo B,

Sounds like you are having a tough time following your dismissal.

The link katralla has posted is useful, as is this link which gives details for employers as to what the rules are around releasing references: http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/references_v1.0_final.pdf

Personally, I'd make your request more assertive, something akin to "Given that your decision to terminate my contract was based on my references, could you please forward these references on to me..." It's something that they are required to do, not something you'd like them to consider whether they want to.

I also think your second paragraph is unclear: is the criticism of not receiving a contract aimed at this employer, or the employer who you had the problems with? There's nothing wrong with not giving your a contract prior to your employment starting - legally they have two months from when you started work to supply it (see here). I'm not sure what you are trying to achieve here?

To answer the question about why employers allow employees to start work before receiving references; if that were the case you could be waiting several weeks (even a few months) for a reference to come through. It would significantly delay starting a new job.

It might be worth contacting a careers advisor to help work up some ways to minimise how this episode impacts on your career. You could be totally upfront with employers and say that you had issues with a previous employer, and this has caused you a great deal of distress. Equally, can you provide not-work references for volunteering, or a club or activity you are involved with, which will show your employer that you are a capable and suitable individual?

Good luck,


Olly