Incorrect Reference, How Can We Put Things Right?

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Incorrect Reference, How Can We Put Things Right?
Mrs SP asks

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?

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.

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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.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

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.

The Next Step

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Now that you have read through the advice above, you might want to put it into practice. Our Discrimination Claim Eligibility Checker lets you determines if your situation meets legal criteria for a discrimination claim under UK law. Try it now →

Ask Civil Rights Movement a Question
Ju 03/08/2020 at 7:18 pm
Clinical claim . Civil . Courts acknowledged with file. March 2020. Legal counsel , can you assist . Discreditation partner who has died involved in claim .
VV 04/01/2018 at 6:36 pm
hi,

i was an approved foster carer so i am not seen in the eyes of law as an employee. however, i left the organisation that i was approved by because they were breaking the law and i disclosed this information to management and suffered bad treatments after. i tried to transfer to another company after being fast tracked through but the job was latter withdrawn because the previous agency provided a false reference. i contact the company and have disputed the accuracy of their information but i receive hostile replies and they refuse to correct the reference. in addition to this they write about me in a very biased way and i would advice on how to take action against them.
CivilRightsMovement Editor 19/09/2017 at 1:54 pm
You can take action against your old employer if their misinformation has affected your new job. Seek advice from ACAS or a legal professional.
Janey 18/09/2017 at 11:52 am
I applied for a new job the new employer asked my present employer for a reference they did this but lied that I only been working 2 years when in fact I've been working 4 years this has prolonged me now starting my new job what can I do has false information was given in my reference
Ugh 31/05/2017 at 4:38 pm
I had a work placement as part of my college course. I worked in a pre-school nursery for seven months, and seemed to have a good rapport with the staff and children. So much so that I asked my placement mentor (in front of a witness) to be a reference when I applied for a full-time job in a nursery. She agreed, and when it came to the end of my placement, she gave me a glowing report to my lecturers.

Fast forward a couple of weeks, and I have been offered the job at the new nursery, on the condition I get a good reference from my placement. I got a call from my future boss this morning (I think you can tell where this is going) saying that my placement mentor gave me a very bad reference. My potential boss' actual words were that it was "not good at all." and retracted my job offer.

I've contacted my placement mentor for answers, but she has yet to get back to me.

Do I have grounds for a case, even though the referee wasn't technically my employer? I'm so confused as to why I'd get a bad reference.
CivilRightsMovement Editor 21/03/2017 at 2:00 pm
If this is given as the only reason for dismissing you, you will be able to fight it....a mistake on a job title in what turned to be a satisfactory reference anyway, would not be considered reasonable grounds for firing someone. You need to find out whether there is more to this etc.
M 18/03/2017 at 7:01 pm
I have been suspended after 6 months of starting a job, before I was offered the role my current employer completed a strict vetting process of checking my last 5 years of employment. I had provided references of my line managers and in one case a work colleague as I was worried that my previous line manager might bad mouth to mu current employer. My employer not only got references from all my referees but also went beyond that checking with all my previous HR of employers. They were satisfied with my references and offered me the role. Now seven months later they have suspended based on an allegation that one of my referee I had provided had a false title and I was trying to mislead. It looks like my previous line manager must have found out my new role and have tried to sabotage my role. The referee I had provided was an employee of the company and provided factual and fair reference about every me, the only error was her title. I had put her as an operations director in place of operations manager. Before I joined this company I was working for another company where I was really happy and wouldn't have left them if I didn't get this offer and that my current company was satisfied with all my references. Now I might loose my job due to this, my question to my current employer is that they had vetted me with all my employers and were satisfied. Now due to someone bad mouthing me who was my line manager two years ago they started to authenticate one of my references. They had the right to verify all my references prior to offer me the role, now I have left a job where I was happy and now I might loose my current job. Do I have any grounds to raise this with my current employer for loss of earnings due to them listening to someone behind my back and ignoring the references they have recieved previously which were all fair, reasonable and factual about my previous roles.
M.e. 06/01/2017 at 12:53 pm
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?
Flower 02/01/2017 at 1:16 am
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???
CivilRightsMovement Editor 11/10/2016 at 11:57 am
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"
Sg 10/10/2016 at 8:14 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!
Moses 25/09/2016 at 2:48 pm
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
R10thh 20/09/2016 at 12:04 pm
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.
CivilRightsMovement Editor 02/08/2016 at 10:59 am
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.
Manny 11/06/2016 at 9:10 am
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
Barb 07/05/2016 at 2:07 pm
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!
CivilRightsMovement Editor 03/05/2016 at 10:06 am
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.
Clare 29/04/2016 at 7:12 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
Dave 10/03/2016 at 12:34 pm
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
CELET 10/03/2016 at 6:32 am
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
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