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Incorrect Reference, How can we put Things Right?

By: Garry Crystal - Updated: 6 Jan 2017 | comments*Discuss
 
References Employer Employee Data

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?

(Mrs SP, 20 January 2009)

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.

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I have recently had a job offer withdrawn following a reference stating that I was off sick for 21 days in the year I worked there. I contacted ex employer to challenge this and learnt that I had not called in fit following 2 days sick and had subsequently gone in 2 weeks annual leave so they had recorded my annual leave as sickness. I resigned from the company upon return from my holiday and was not at any point told I had been recorded as off sick for this period. I had no calls during my annual leave asking when I would be returning and never filled out a sickness form. I have requested that they change the records but they have refused and subsequently i can now not get another job. Is there anything I can do?
M.e. - 6-Jan-17 @ 12:53 PM
I've recently received an apology from a nhs trust for a false reference which was provided out of malice from my boss who has continued to discriminate against me, victimise me and pass comments on my faith. I took this to the press and requested a investigation with the chief executive which was done and my colleagues and supervisors gave statements in my favour but were ignored and a conclusion of insuffient evidence was given even though I had a copy of the false reference and the newly submitted reference so I continued to fight this but it caused me anxiety, panic attacks and depression to the point I was off work on sick. I asked for an external nvestigator to look at the case who put recommendations forward one of which was that some one should take responsibility and apologise for this. 2 months went by and I still had no outcome causing me more stress. But I did hear that my boss was leaving, personally I think they got rid of her because of what she did. They emailed the other trust where I got the job offer asking them to disregard the reference as it contained factually inaccurate information and a new one was to be submitted. This was done but the job offer was withdrawn. I continued to fight asking who would take responsibility for this but was constantly ignored. As soon as my boss left I was receiving emails to come for a meeting which I attended and I was apologised too. After the meeting I received a written apology from the trust. I was wondering do I have a claim as they put me threw too much???
Flower - 2-Jan-17 @ 1:16 AM
hi wondering if you can help? after a number of incidents involving bullying and harassment (one so severe guy has been given police record) I resigned I couldn't go back to work only a small company 4 people . others who had bullied still there and ineffective manager (I had always reported incidents and he did nothing) I couldn't return but also from a point of mental health I couldn't return (been signed off for 2 years so far with depression/ anxiety). Anyhow, my question is we won tribunal against sexual harassment/discrimination. We did not state on paper that we were looking at constructive dismissal but we did state on ET paperwork that we would be looking at loss of earnings if successful? the other side are saying as we didn't go for constructive dismissal I can't have loss of earnings - what are your views please THANKS
dolly - 4-Nov-16 @ 1:30 PM
Sg - Your Question:
I've currently resigned from my job due to stress! When I apply for a new job my employer gave me an unfair verbal reference! What can I do!

Our Response:
As the article says "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"
CivilRightsMovement - 11-Oct-16 @ 11:57 AM
I've currently resigned from my job due to stress! When I apply for a new job my employer gave me an unfair verbal reference! What can I do!
Sg - 10-Oct-16 @ 8:14 AM
My name is Jordan Simpson and I used to work fo Frankies and Bennies between 2010 and 2012 and left on my own accord. I was going through a temporary to permanent role at nationwide last year and was let go due to one of my references providing a bad reference. It was has come to light that that it was a bad reference from Frankies and Bennies in Swindon who stated that I was fired for stealing from the till. This was never true, there was never a case against me, no allegations because of evidence to support this. Due to this, Nationwide will not accept my applications because of their now believed nature of me. Would there be anything I can do to fight this case or have a method to restact this statement from Frankies
Moses - 25-Sep-16 @ 2:48 PM
R10thh - Your Question:
Recently applied and was offered a new job, was asked to start new job before references came back a week later I was fired because of reference. From the previous employer. I had left due to illness after finding out I had a pituitary tumour. they have just cost me an £18k a year job!!! What are my legal rights.

Our Response:
Was the job offered to you "subject to satisfactory references" if so, it might have been sensible to wait until the references had come through before agreeing a start date/resigning from your old job. It's worth a call to ACAS to discussmore thoroughly if you have your offer letter, contract with you.
CivilRightsMovement - 22-Sep-16 @ 11:53 AM
Recently applied and was offered a new job, was asked to start new job before references came back a week later I was fired because of reference. From the previous employer. I had left due to illness after finding out I had a pituitary tumour.. they have just cost me an £18k a year job!!! What are my legal rights.
R10thh - 20-Sep-16 @ 12:04 PM
Palsar - Your Question:
I worked for NHS since 2008. 2010 I was allocated new supervisor who had been redeployed from another team. Supervisor chose to strip me of my role and told me I could not attend the toilet with asking first following me making a judgement to re-appoint one of his clients for a crisis in which patient was sectioned. This was over heard by consultant psychiatrist and I was told I could make complaint but if I did I would have to leave the team. Therefore kept quiet. I loved my job and went over and above my role. 2011 a SU died and I know we had not met this clients need. In interview I expressed where I felt we should learn and was very honest in saying there was more I could have done although we would probably have had same outcome eventually. Following this I was told I would have to reapply for my job and that it looked like I would not be offered it based on the complaint I had with a senior regarding bullying. They told me however I could be redeployed to a ward, so from 9-5 to 24 hour service requiring shifts. I was a single parent and only income so I went with the advice my manager offered and moved to ward. An ex family member (brother in law) worked on this ward, he repeatedly went to management saying he did not want to work with me as I reminded him of the 20 years marriage he had with my sister, management subsequently moved me to an area I knew nothing about telling me there was not a permanent job for me. Between December and January I received a phone call telling to date and time to turn up at another ward, on arrival (30 miles round trip) I was told no one was expecting me. I expressed things would be fine once manager arrived. I settled to then realise weeks down the line I was being talked about regarding the SU which had died. I was the new gossip. I was also told the ward was old school and didn't take change very well. I saw this with another new member of staff who ended up leaving, however I ended up sick due to stress. I then returned to work to find I'd been disciplined and then I ended up getting a result from my smear test and unfortunately needed treatment. I was on sick again. Throughout this I resigned realising I couldn't continue where I was not wanted. It impacted on my work and I began to feel de skilled after working community. I was told I never fitted in and that they were more than willing to give me a reference to move on as they felt I needed fresh start. A reference was requested, unfortunately they said they would never employ me again. And said I had personal issues. I was refused the post. Now I struggle as I am embarrassed. I feel they have completely conned me and have put a holt on my career ever progressing. I have no income. I have no job and miss what I know I was good at all for the expense of being a victim of bullying and speaking the truth. I have 36 emails to confirm theAt the payrol also made a huge error and deducted 2 lease cars from my wage instead of one. I

Our Response:
You should seek legal advice on this if you want to get back into this field of work and be compensated for the lack of work since these incidents.
CivilRightsMovement - 2-Aug-16 @ 10:59 AM
I worked for NHS since 2008. 2010 I wasallocated new supervisor who had been redeployed from another team. Supervisor chose to strip me of my role and told me I could not attend the toilet with asking first following me making a judgement to re-appoint one of his clients for a crisis in which patient was sectioned. This was over heard by consultant psychiatrist and I was told I could make complaint but if I did I would have to leave the team. Therefore kept quiet. I loved my job and went over and above my role. 2011 a SU died and I know we had not met this clients need. In interview I expressed where I felt we should learn and was very honest in saying there was more I could have done although we would probably have had same outcome eventually. Following this I was told I would have to reapply for my job and that it looked like I would not be offered it based on the complaint i had with a senior regarding bullying. They told me however I could be redeployed to a ward, so from 9-5 to 24 hour service requiring shifts. I was a single parent and only income so I went with the advice my manager offered and moved to ward. An ex family member (brother in law) worked on this ward, he repeatedly went to management saying he did not want to work with me as I reminded him of the 20 years marriage he had with my sister, management subsequently moved me to an area I knew nothing about telling me there was not a permanent job for me. Between December and January I received a phone call telling to date and time to turn up at another ward, on arrival (30 miles round trip) I was told no one was expecting me. I expressed things would be fine once manager arrived. I settled to then realise weeks down the line I was being talked about regarding the SU which had died. I was the new gossip. I was also told the ward was old school and didn't take change very well. I saw this with another new member of staff who ended up leaving, however I ended up sick due to stress. I then returned to work to find I'd been disciplined and then I ended up getting a result from my smear test and unfortunately needed treatment. I was on sick again. Throughout this I resigned realising I couldn't continue where I was not wanted. It impacted on my work and I began to feel de skilled after working community. I was told i never fitted in and that they were more than willing to give me a reference to move on as they felt I neededfresh start. A reference was requested, unfortunately they said they would never employ me again. And said I had personal issues. I was refused the post. Now I struggle as I am embarrassed. I feel they have completely conned me and have put a holt on my career ever progressing. I have no income. I have no job and miss what I know I was good at all for the expense of being a victim of bullying and speaking the truth. I have 36 emails to confirm the At the payrol also made a huge error and deducted 2 lease cars from my wage instead of one. I
Palsar - 1-Aug-16 @ 2:50 PM
I worked in care for 13 years with no complaints. Clients always saying how much extra I did. Due to new office staff pushing more and more work on me I was doing between 50-63 hours a week. Doctors 2 times in a 3 month period with bad chest pains instead of going on sick both times asked for hours to be reduced but this never happened. Working in office aswell and seeing behaviour I was not happy with and other carers coming to me with complaints about there hours. In the end new manager started and I just knew things getting worse when chest pain started again I quit. I still done my clients for that day and finished. 7 more people left since me. The company have given me an unsatisfactory reference which has led to a new job offer being withdrawn even though the new company said the are gutted as they think I am great carer but cannot take me on with that reference. I told the owner why I had to leave as my health was suffering and I didn't want to be part of what I could see happening. What can I do about reference as other than leaving I had no complaints in 13 years and love to continue in care
Manny - 11-Jun-16 @ 9:10 AM
my comment is about a previous advice from shely to celet - it was to try acas. From personal experience I'd advise against that, they understand their neutrality in a way that undermines all constructive advice. If celet is not in a trade union, it would be best to check home insurance policy if in place as they usually cover legal expenses, unbeknownst to many people. if that does not help, and you cannot afford a solicitor, see whether you can get access to support from CAB or their adviceguide online or a university with a law dept - some of them offer legal advice to the public. claim to tribunal has to be submitted 3 months after detriment suffered. After that civil litigation (county court is still possible - for several years) - check precise nr of years! PTSD is tough, but in my experience, if you believe in your case, fighting for justice can be a helpful way to get over it. GP don't usually have the skills to assess that. There is self help material out there to deal with PTSD. Good luck!
Barb - 7-May-16 @ 2:07 PM
Clare - Your Question:
I discovered in my appraisal today that my old employer has written on my reference that I had a disciplinary against me - I have never been part of that process i called them and they said it was a typo. My current employer had said based on that reference I would not have been offered job - luckily it came in 4 months late!I wonder if I can do anything about the incorrect information - they are sending a correct one now

Our Response:
If they are sending a correct version through, then it should be resolved without your having to pursue it further. We're assuming it was just a case them answering "yes" instead "no" in a question on a form, so it should not be an issue with future job applications.
CivilRightsMovement - 3-May-16 @ 10:06 AM
I discovered in my appraisal today that my old employer has written on my reference that I had a disciplinary against me - I have never been part of that process i called them and they said it was a typo. My current employer had said based on that reference I would not have been offered job - luckily it came in 4 months late! I wonder if I can do anything about the incorrect information - they are sending a correct one now
Clare - 29-Apr-16 @ 7:12 AM
I received a satisfactory reference from my previous employer, but it said at the end that they would NOT re-employ me there(no explanation given). So far this has meant that I have had 2 job offers withdrawn, because they understandably contacted the referee to ask why she had put a NO to employing again. The manager has been able to "rubbish" me over the phone, without me knowing what is being said. What can I do to prevent this happening again and further job offers being withdrawn? Dave
Dave - 10-Mar-16 @ 12:34 PM
1) Dates: incorrect, I started on 01.07.2013 and according to the pension department I left 08.08.2015, Tim Reynolds said July 2013 to June 2015. 3) He said he believed me to be dishonest, this is untrue and a vindictive personal issue as this is one thing if nothing else I am honest, in fact too honest and he did not provide any evidence. He said my clinic skills were satisfactory - nonsense, as after nearly 20 years of NHS service, this would not be possible and again is personal and vindictive. He said my relationships with patients were poor, again this is untrue, I cared very much for patients and brought up matters where appropriate and he knows this and again he gave no evidence and one that I can prove he is being vindictive. He said my timekeeping was poor, again this is vindictive and untrue, in all of my yeas of service I have always been on time and as the NHS is generally flexible anyway time can be made up, however, again he is lying and I was always on time. He said my reliability was poor, again vindictive and untrue, I was always reliable and can prove this with a reference from Dr. Mary Lei which states my work is very good and I work hard, again he is being vindictive. He said my communication skills & supervisory skills were poor.Again this is vindictive and untrue as I trained a few medical secretaries when the supervisor was away on sick leave as he clearly did not know how to, which as a grade 3 was not really my role, but as I had previously been a medical pa/office manager, I was happy to assist where I could, so again he is lying and vindictive. He said my organisational skills were satisfactory, he is being vindictive and again is untrue, my organisational skills are good and if you see the reference from Dr. Lei, this proves it and again he is being vindictive. Sickness record, I had unfortunately had to have eye surgery and also had flu and Noro Virus, which I got directly from working at GSTT.The senior manager said this should go down as sick leave as in fact I was on annual leave and this would give me back my annual leave as I did try and come in and assist the department as many were ill.According to the protocol, as I caught it as GSTT, this should be ignored anyway, and also I offered to give some of my annual leave to ensure my sick leave was OK, but he would not allow it and said I had to give a months notice, which of course is not possible when your sick.Again he is being vindictive and in fact gave me an official warning as he was clearly trying to get rid of me as he had other staff as he is a bully and vindictive. He gave me a disciplinary warning for something he said I had done, but in fact the member of staff Anne Lee who said I had thrown water on her head, retracted this in a written statement, (which I have stating this was untrue and in fact I was ill, but he went ahead to the tribunal, as a bully and the tribunal team stuck by him, but I have never known how I c
CELET - 10-Mar-16 @ 6:32 AM
I have worked for the NHS for approximately 20 years and bullied by a manager at an NHS Trust which caused me post-traumatic stress disorder, so much so I was off sick for some time and eventually retired by the NHS on Medical Grounds supported by my GP and and Mental Health Services.The reference the manager gave me was untrue in many parts and also hand written and in fact the request for a reference had gone to HR and had not given him permission to do the reference either.Do I have a case against this NHS Trust as it has affected my health as I have been trying to recover, on medication and get a new job but of course the reference issued has caused issues and I have also had loss of earnings and on job seekers allowance.I still suffer with sleep disorder, i.e. I wake up worrying, my GP the stress disorder will always be there, so it will affect me for life.
CELET - 10-Mar-16 @ 5:52 AM
try acas and see if they will help
shely - 21-Jan-16 @ 1:10 AM
I left a job which I had been in full time employment for 3 years. I worked hard as usual and was rewarded verbally on a daily basis and with a payrise that I was more than happy with. I was told I was in mind for a future progressive position within the company but not for a while. I hung on for 18 months and still nothing except an extra work load that I was struggling to cope with. Soon followed my partner becoming ill and resulting in CBT from problems throughout her life and a loss we faced together many years previous. This resulted in me requiring time off during weekly sessions at the time but also time off before being diagnosed due to not coping. Meanwhile my cards were being marked over this and I quickly became unreliable. Things soon became unbareable and told I would not be getting the job I had been hoping and holding on for. A mixture of everything caused be to have a suspected seizure, but stress was blamed after many tests. Brain scans etc. So I left to take on a new job. My reference which I have not seen stated these issues and has led to a lack of trust in my new employment. I finish on 18/12/15 and this has played a massive part in this. Is it me or do I have a problem here ????
Matt - 11-Dec-15 @ 5:48 PM
I left a job which I had been in full time employment for 3 years. I worked hard as usual and was rewarded verbally on a daily basis and with a payrise that I was more than happy with. I was told I was in mind for a future progressive position within the company but not for a while. I hung on for 18 months and still nothing except an extra work load that I was struggling to cope with. Soon followed my partner becoming ill and resulting in CBT from problems throughout her life and a loss we faced together many years previous. This resulted in me requiring time off during weekly sessions at the time but also time off before being diagnosed due to not coping. Meanwhile my cards were being marked over this and I quickly became unreliable. Things soon became unbareable and told I would not be getting the job I had been hoping and holding on for. A mixture of everything caused be to have a suspected seizure, but stress was blamed after many tests. Brain scans etc. So I left to take on a new job. My reference which I have not seen stated these issues and has led to a lack of trust in my new employment. I finish on 18/12/15 and this has played a massive part in this. Is it me or do I have a problem here ????
Matt - 11-Dec-15 @ 5:26 PM
Jen - Your Question:
I resigned from my job several weeks ago with immediate effect. My employer then stated I was under investigation, I attended the investigation meeting where a number of allegations had been brought against me (none of which were true). I revived no feedback from this investigation. I got a new job and when my future employer has approached the company for a reference they have declined until after the investigation is over. I know the investigation is over as this was weeks and weeks ago. I do not know what I am being investigated for as have had no letter to state why on either occasions.Can I still be under investigation 7 weeks after resigning?? How do I find out??

Our Response:
Is there a union you could approach? It seems very strange that they have not informed you what is being investigated? If it's not a criminal/legal investigation, there is not much your former employer can do as far as consequences go anyway. You might benefit from contacting ACAS...they may be able to liaise with your former employer on your behalf.
CivilRightsMovement - 8-Dec-15 @ 11:55 AM
I resigned from my job several weeks ago with immediate effect. My employer then stated I was under investigation, I attended the investigation meeting where a number of allegations had been brought against me (none of which were true). I revived no feedback from this investigation. I got a new job and when my future employer has approached the company for a reference they have declined until after the investigation is over. I know the investigation is over as this was weeks and weeks ago. I do not know what I am being investigated for as have had no letter to state why on either occasions.Can I still be under investigation 7 weeks after resigning?? How do I find out??
Jen - 7-Dec-15 @ 7:40 PM
needadvice!! - Your Question:
I have recently been offered a job through an agency and they require a five year work history with any periods longer than 28 days unemployed explained. I was at my previous employer from 04/15 until 08/15 but had handed in my notice until 11/09/15, they however cut my notice short during 08/15 and so I left but was still technically employed by them. They have since provided a reference stating I was employed only up until 06/15 which I have documented evidence (p45 stating my leave date as 11/09/15) to prove is false. This has created a two month gap on my work history which is unexplainable as I was in work for most of that time (with the previous employer!) and was only out of work for a matter of weeks before having a temporary job elsewhere. The new employer is very strict in it's vetting process and may delay my start date without the necessary evidence by a few weeks and I don't know whether or not I have the right to approach a tribunal accusing my previous employer of providing an incorrect reference. Please could you advise me of steps I should/could take? Thank you!!

Our Response:
Just write to them and sayit is incorrect. It may also be worth approaching your old employer and asking them to verify the date when you were no longer a registered employee rather than the date you left work.
CivilRightsMovement - 5-Nov-15 @ 10:06 AM
I have recently been offered a job through an agency and they require a five year work history with any periods longer than 28 days unemployed explained. I was at my previous employer from 04/15 until 08/15 but had handed in my notice until 11/09/15, they however cut my notice short during 08/15 and so I left but was still technically employed by them. They have since provided a reference stating I was employed only up until 06/15 which I have documented evidence (p45 stating my leave date as 11/09/15) to prove is false. This has created a two month gap on my work history which is unexplainable as I was in work for most of that time (with the previous employer!) and was only out of work for a matter of weeks before having a temporary job elsewhere. The new employer is very strict in it's vetting process and may delay my start date without the necessary evidence by a few weeks and I don't know whether or not I have the right to approach a tribunal accusing my previous employer of providing an incorrect reference. Please could you advise me of steps I should/could take? Thank you!!
needadvice!! - 3-Nov-15 @ 10:47 PM
I have been offered a higher grade with my current employer months after starting with them. I was informed I was the successful candidate the Monday after an interview and Wednesday the offer was withdrawn with no explanation apart from it is nothing about you.Six years after applying for internal higher grade jobs, no t successful. Due to the relationship, with my current employer has broken down so badly, I feel due to discrimination, I applied out side and in July 2015 was offered a job 2 grades above my current job and was excited at the prospect.The offer was withdrawn, I later found out it after requesting the refer nice they were poor, and one manager state that I have a criminal record. I am furious. In addition 2 of my colleagues were allowed to take up secondment opportunities at the same time I would have left.I am stuck doing their work plus mine and feel overloaded nd being setup to fail. I am looking at resigning, as I feel sick to my stomach to continue working for my current employer.What is my recourse?
Stringbean - 1-Nov-15 @ 5:36 AM
An employer has given a negative reference about me which is totally untrue,what is my next step to correct this for the future
Flo - 11-Sep-15 @ 4:05 PM
@tinkletots. The best option is to call ACAS and ask if there's any action that can be taken against the employer. Can you get written references off any other managers etc? You may have to produce a written explanation about thesituation together with medical evidence and a copy of your resignation letter etc in the meantime.
CivilRightsMovement - 15-Jun-15 @ 2:50 PM
I have recently left my job (April 2015) after being off sick with stress since 25/11/14. I went for another job (less hours/less pay/way less stress!!) I was given a job offer, subject to references etc so was just waiting for a start date. I was not aware that there were any obstacles with regards references - Ihad no problems with my line manager & again was not made aware of any possible issues towards me.I was told that my former employer would not provide any references & this ultimately cost me that job. I interviewed yesterday for another job (9/6/15) & again this was a very strong interview.But again I got a call to say that the offer was withdrawn due to lack of reference.The interviewer then told me that she had telephoned my previous employer & was told, what is in fact an outright lie about why I wasn't being provided a reference. My previous employer is telling prospective employers that I abandoned my post in December (I am a care worker). I was actually signed off sick by my GP on 25/11/14 & this was continuous until April this year (2015). I have now lost 2 good career opportunities & am on JSA. Do I have any rights to a retraction and or damages?
tinkletots - 10-Jun-15 @ 5:52 PM
i have since been advised that the 46 days is no longer to be ever recorded on any future reference and currently pursuing claim for loss of earnings and stress and anxiety it has caused me through my union thanks for the reply
paris - 15-Dec-14 @ 1:34 PM
@paris. This is very poor practice on the part of your employer. If you wanted to take action, you may have a strong case to do so. Contact ACASfor more information.
CivilRightsMovement - 8-Dec-14 @ 11:22 AM
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