Incorrect Reference, How can we put Things Right?

Q.

My son is in the middle of a tribunal for wrongful dismissal. Today we spoke to a solicitor who said that we could take the company to a civil court as the reference given by the company was incorrect, they told a future employee that he was under a criminal investigation, this is quite incorrect at no time were any police involved. The whole matter is in legal hands and it is almost certain we will win the case.

However the reference caused my son to lose out on getting into the police force for the next 6 months as you cannot get in if you have a criminal offence and my son does not. What can we do?

A.

Employers and Bad References

Due to fear of legal ramifications it is unusual for an employer to give a false reference. Employers now tend to make sure they are covered in case of any legal backlash when it comes to giving bad references. In a number of cases employers will simply now give the minimum details required in references such as the length of the employee’s employment and job title rather than give a bad reference.

Data Protection Act and Employee References

If the reference is deliberately false then the first step will be to obtain a copy of the reference. Employees are permitted to see or request a copy of employer references under the rules of the Data Protection Act. You should ask your prospective employee, in this case the police force, for a copy of the reference they were given.

It may also be the case that a previous employer has made a comment verbally with regards to the alleged criminal investigation. Employers are not permitted to do this unless there is actual evidence to support this claim. Talking to former work colleagues may provide witnesses to the employer verbally making these false statements.

False References and Compensation

If the reference is inaccurate or deliberately false as you state then you can sue an employer. You may also be able to take the matter to an employment tribunal if there was some form of discrimination used by the employer. Your solicitor will be able to advise on the best course of action. There may be a case for compensation through loss of future earnings due to your previous employer’s reference. Your solicitor may also be able to write a letter to the police force explaining the ongoing situation regarding the employment tribunal and the incorrect reference.

If you have a good rapport with the person who interviewed you at the police force then you should be able to talk to them and explain the situation. Being investigated for a criminal offence does not mean that you have criminal record and the police will be able to check this fact. The police should also be able investigate whether or not you are in fact under criminal investigation. Your solicitor will be the biggest asset in this matter and should be able to lend some weight when it comes to the police force interview and going forward with legal matters against your previous employer.