Bad reference

Former Member

It's against the law to give a bad reference, right? Well Barracuda Bar just has done and it could have cost me that me my job before I've even started...

When I was working there I was asked to work stupid hours, was payed under the minimum wage even after I turned 18 and had a panic attack in work to which the boss threatened to fire me, which is law number 1 they broke.

Law number 2 they broke was they threatened to fire my sister because her dyspraxia effected her work.

Law number 3 they broke was having drug use on the premises.

Law number 4 they broke was the manager being drunk when he should have been working.

Law number 5 they broke was having a go at my sister and threatening to fire her in front of other members as staff as well as telling staff that she had given her notice and was leaving when she wasn't (in a harsh attempt to get her to leave).

Is there any chance this would hold up in court because I'm going to take them to court if I don't get this job. Those FUCKING BASTARDS are trying to fuck me at every turn :mad::mad::mad:

Former Member

It seems shitty they gave you a bad reference. Perhaps it wasn't a good idea to give them as a reference? I would never put down Marks and Spencer as a reference because I had a shitty time working there and had a few run-ins with management therefore they aren't going to write anything that a potential employer wants to read!

I don't think it is illegal to give a poor reference though. Perhaps someone else can clarify that point?

Former Member

BumbleBee wrote:

It seems shitty they gave you a bad reference. Perhaps it wasn't a good idea to give them as a reference? I would never put down Marks and Spencer as a reference because I had a shitty time working there and had a few run-ins with management therefore they aren't going to write anything that a potential employer wants to read!

I don't think it is illegal to give a poor reference though. Perhaps someone else can clarify that point?

I'm pretty sure it is illegal. Royal Bank of Scotland have withdrawn my application. My agency is gonna speak to them but if I don't get this job I'm fucked and will have to seriously consider moving back to Wrexham :crying:

I couldn't give anyone else as a reference as I've only had two jobs, and I didn't put them as a reference, I just had their phone number on the application.

Former Member

You are not allowed to give a bad reference. That is why many companies now actually refrain from giving references. They can only say so and so worked here, from start to finish. They are not allowed to say so and so was always late, unreliable, and a shit worker.

Former Member

pinkslippers wrote:

You are not allowed to give a bad reference. That is why many companies now actually refrain from giving references. They can only say so and so worked here, from start to finish. They are not allowed to say so and so was always late, unreliable, and a shit worker.

That's exactly what they did say. They said that I was never punctual, had bad attendance, didn't work well in a time and was crap at time management. Basically they said everything they could to ensure I won't get the job :banghead:

Former Member

No, you asked for a reference and got one. They would be lying and commiting the offence had they given you a false reference. Fraid you will have to deal with it - no matter how much the management hated you.

What will you actually bring up in court and what will you do, sue them??

Former Member

Panthro wrote:

No, you asked for a reference and got one. They would be lying and commiting the offence had they given you a false reference. Fraid you will have to deal with it - no matter how much the management hated you.

What will you actually bring up in court and what will you do, sue them??

I'm going to look into it and if I don't get the job then yes I intend to sue them. I didn't ask for a reference, their number was put on the application. I made sure that it wasn't down as a reference.

Former Member

No, they're not allowed to give a negative reference. Is it true though chaos?

Former Member

""An ex-employer should not be liable for the poor performance of an ex-worker in a new job, so long as the reference given was a fair and accurate assessment of the level of the employee's performance throughout their period of employment""

""In the case of Spring v Guardian Royal Exchange Assurance, it was held that the employer had breached its duty of care to Mr Spring by negligently preparing an inaccurate reference that went on to harm his employment prospects. There was a concurrent liability in contract by virtue of an implied term requiring due care and skill in the preparation of references. Subsequently, cases have made clear that the reference must, in substance, be true, accurate and fair, and must not give a misleading impression."

Former Member

Panthro wrote:

What will you actually bring up in court and what will you do, sue them??

On this point, it seems like such a hassle to go to over a bad reference. Were your going to get the job had the refrerence been a good one? Perhaps you could explain to the people at RBS about what happened there. Perhaps in future it would be best to pretend you never worked there? I don't put all my jobs on my CV since some of them were Christmas jobs that lasted a mere four weeks.

Former Member

I couldn't give anyone else as a reference as I've only had two jobs, and I didn't put them as a reference, I just had their phone number on the application.[/QUOTE]

why dont you just use your headteacher from school as a reference?

Former Member

chaos_insomniac wrote:

I made sure that it wasn't down as a reference.

Hmmm. That's very interesting. I'm sure potential employers can't contact anyone you haven't authorised them to. Clarify anyone?

Former Member

Fiend_85 wrote:

No, they're not allowed to give a negative reference. Is it true though chaos?

No not at all. This is something I wouldn't lie about. One night I left work early because of a panic attack I had, which made me nearly pass out. The next day he asked what had happened and after me telling him he said "You'll have a panic attack when I fire you!" and walked off. He also lied to other members of staff saying my sister had given in her notice in an attempt to make her quit, but she couldn't because she wouldn't have been able to get any benefits if she did quit. He's basically a bullying wanker who so I've heard isn't even properly qualified for the management job.

Former Member

olaola wrote:

I couldn't give anyone else as a reference as I've only had two jobs, and I didn't put them as a reference, I just had their phone number on the application.

why dont you just use your headteacher from school as a reference?[/QUOTE]
The chances of them actually replying is slim. Mine never has.

Former Member

There is no law stating " you cannot provide bad references" as long as they are fair, accurate and not misleading - and if you feel it was - then you may have a case although it will be hard to prove unless all of your ex-colleagues back you up BUT if you lose it will be VERY expensive.

Former Member

BumbleBee wrote:

Hmmm. That's very interesting. I'm sure potential employers can't contact anyone you haven't authorised them to. Clarify anyone?

If you put down a previous job, I think the new employee is at rights to request a reference from them.

Former Member

BumbleBee wrote:

On this point, it seems like such a hassle to go to over a bad reference. Were your going to get the job had the refrerence been a good one? Perhaps you could explain to the people at RBS about what happened there. Perhaps in future it would be best to pretend you never worked there? I don't put all my jobs on my CV since some of them were Christmas jobs that lasted a mere four weeks.

I had already been clarified that the job was mine. I was due to start on April 4th. This was clarified weeks ago and it's come as a huge shock that suddenly I haven't got the job. I've been waiting to start work for three weeks, which are now time totally wasted.

Former Member

They could be liable if you can get a copy of the reference or proof of what it said, then prove it to be wrong.

The area of law is pure economic loss resulting from a statement in the tort of negligence. You'd have to sue.

A solicitor will give you some idea of whether you have a case or not. Some offer cheap interview rates.

Former Member

Panthro wrote:

""An ex-employer should not be liable for the poor performance of an ex-worker in a new job, so long as the reference given was a fair and accurate assessment of the level of the employee's performance throughout their period of employment""

""In the case of Spring v Guardian Royal Exchange Assurance, it was held that the employer had breached its duty of care to Mr Spring by negligently preparing an inaccurate reference that went on to harm his employment prospects. There was a concurrent liability in contract by virtue of an implied term requiring due care and skill in the preparation of references. Subsequently, cases have made clear that the reference must, in substance, be true, accurate and fair, and must not give a misleading impression."

I'd say the reference was pretty fucking innacurate as it is. Next promised to give me a brilliant reference because I really am a good worker.

Former Member

That's really shit, what a wanky place. Don't put them down another time. I have a few jobs where I got fired, I never put them down. When I was younger and hadn't had that many jobs, I just got friends parents to give me references, or made them up. You have to do what you need to in order to get a job.

Former Member

chaos_insomniac wrote:

I'd say the reference was pretty fucking innacurate as it is. Next promised to give me a brilliant reference because I really am a good worker.

Then you would have to prove in a court of law that it was innacurate - an expensive and stressful period where you might even not win.

When you have found another job, don't put them down as a reference.

Former Member

If its down as pure economic loss, the chances of winning a case is very low as it is.

Former Member

Not to be meladramatic but if I've lost this job the chances of me having to move back to Wrexham are frighteningly high, and if that happens I'm going to feel like my life is over

Former Member

As far as i understand the law its illegal to give a bad reference, so they can be sued for it. However employers are alllowed to refuse a reference, which basically implies that it would have been bad. Talk to your local citizens advice beureu.

Former Member

Just remembered- I went for a job at the royal bank of scotland. Banks are arsey places to get jobs, they want to check every single thing you have been doing since you were born (or near enough) for security reasons.

Former Member

There is no law governing "bad references"!!!

They must however, be fair and accurate assessment of the employee.

Former Member

References - are an emotive issue, it is illegal to give you a bad reference, either verbal or written, so ensure that your referees are relevant and have a clear understanding of your abilities and experience always advise your referees that you are including them on your CV!!

Taken from http://www.lister-charles.co.uk/cv-design.htm

Former Member

chaos_insomniac wrote:

No not at all. This is something I wouldn't lie about. One night I left work early because of a panic attack I had, which made me nearly pass out. The next day he asked what had happened and after me telling him he said "You'll have a panic attack when I fire you!" and walked off. He also lied to other members of staff saying my sister had given in her notice in an attempt to make her quit, but she couldn't because she wouldn't have been able to get any benefits if she did quit. He's basically a bullying wanker who so I've heard isn't even properly qualified for the management job.

sounds like a good enuf reason 2 tek him 2 a tribunal!
he isnt "professional" he sounds like a total wanker..
n he aint suposed 2 comment on bad fings on ur ref jus good stuf n not comment on bad stuff!

Former Member

Well it's official. I haven't got the job. So now I either find a job within about a week or I'm completely fucked. :crying:

Former Member

aww dnt worry ul find a job!! im jobless at the moment 2!! no1 wna employ me..
im xpectn call 4rm royal bank scotland they got call centre jobs in birmingham..
is ur sis still wrkin at that bar?

Former Member

We can all link :razz:

http://www.totaljobs.com/editorial/getadvice_careerdoctor/careerdoctor_56.shtm

http://newswww.bbc.net.uk/1/hi/business/3065319.stm