Incorrect Reference, How Can We Put Things Right?

Author: Garry Crystal

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.

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37 questions

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

CELET 10/03/2016 at 5:52 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.

shely 21/01/2016 at 1:10 am

try acas and see if they will help

Matt 11/12/2015 at 5:26 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 ????

CivilRightsMovement Editor 08/12/2015 at 11:55 am

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.

Jen 07/12/2015 at 7:40 pm

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??

CivilRightsMovement Editor 05/11/2015 at 10:06 am

Just write to them and say it 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.

needadvice!! 03/11/2015 at 10:47 pm

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!!

Stringbean 01/11/2015 at 5:36 am

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?

Flo 11/09/2015 at 4:05 pm

An employer has given a negative reference about me which is totally untrue,what is my next step to correct this for the future

CivilRightsMovement Editor 15/06/2015 at 2:50 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 the situation together with medical evidence and a copy of your resignation letter etc in the meantime.

tinkletots 10/06/2015 at 5:52 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 - I had 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?

paris 15/12/2014 at 1:34 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

Chellewaddy 05/10/2014 at 12:43 am

I have just found out that a recent job offer has been withdrawn due to my current managers reference. I have worked for my current employee for 5 1/2 years and have had no issues with my performance up until the last 3-4 months, which came out of the blue and shocked me. The last chat I had with my manager she had said she did not want me to leave or to feel no longer good enough for the job i am in and that they needed to build up my confidence. She also said if I felt it was time to more on she would wish me well and support me. Apparently in the reference she gave she has stated that things are being put into place to support me with my performance. Yet so far since our meeting approximately 3-4 was ago I have not been in formed of anything she has or is doing to help support me.

Please can you advise.

I am currently waiting to hear from HR to try to obtain a copy of the reference and will be asking for copies of my previous appraisals from my current employer ( although there was one year when I never even received an appraisal)

madmax 08/07/2014 at 12:17 pm

An offer of employment has been withdrawn post one bad - untrue reference, how do I tackle it as I have not the money to fight it legally. I am £21.000 down on the year and 1 years pension adrift. The person that has made the bad reference is wholly inadequate to say the things she has.

mayor 11/06/2014 at 8:05 am

I was employed by an employer during 6th June 2012-20th July 2012 for 6 weeks as a locum social worker. I just recently applied for a locum position with another local authority and was offered the job but subsequently withdrawn after having received reference from this particular employer. My agency told that this particular employer gave negative reference. I only worked for 6 weeks for this employer and was never told anything adverse during that period. No issue was raised in the supervision meeting by the manager.
Do I have any right? please advise

dp 03/04/2013 at 3:09 pm

Hello,
What could I do if my previous employer gave a bad reference and untrue?
- I found out from my current employer about my reference. My previous boss said that I get caught twice from stole small amount of money from the restaurant where I used to work and he even said that police was involved and came to the restaurant for investigate but I didn't turn up and then left the job. It wasn't true at all because I didn't know anything about the police and it wasn't the reason I left as well. I talked with some good friend of mine who works for him and she said it might be misunderstood because when I left the job there is one lady who come from the same country as me and worked there did steal the money but It wasn't me also my name and her name totally different.
I hope you could help me with the answer. Thank you

TNCR 01/03/2013 at 1:00 pm

I have be given poor references which resulted in the withdrawal of a job offer. I had an informal discussion with a line manager regarding some facebook comments and was told the meeting was informal and even the letter following the meeting stated it was an informal meeting.

However, because the letter was on organisational letter headed paper, it suddenly became formal and the issed under discussion was included in the reference request and it said that I was aware it would be included even though I was never told this.

Informal meetings which are recorded on letterheaded paper are not informal and I have suffered because of this very dirty trick.

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