Reference Issue

[thelurker]

Got a new role but one employer has given me a **negative** reference from new employer.

Are you able to (legally) request to see reference provided?

Any ways round this in future for other roles? Organisation was quite small so difficult to get a reference from someone else, as I was under the impression (wrongly?) that an employer couldn't give negative references?

Thanks

[northernladuk]

Got a new role but one employer has given me a **negative** reference from new employer.

Are you able to (legally) request to see reference provided?

Any ways round this in future for other roles? Organisation was quite small so difficult to get a reference from someone else, as I was under the impression (wrongly?) that an employer couldn't give negative references?

Thanks

Seriously??!?!? LOL... What is the point of references if they are all going to be positive. He can't give untrue, misleading our false references though. If you feel that this reference is any of those things you can sue them. Many employers won't give a bad reference just for fear of legal action.

Job references are exempt from the data protection act so you cannot fall back on that to make them reveal them. Interesting article on it here but I can't see the PDF for some reason..

Can I see my reference please? - Administrators - TES

You could approach the person/organisation that supplied the reference and ask them what it said or what the problem is but they are under no obligation to reveal it. It would be pretty tight of them if they didn't to be fair but they don't have to.

[adubya]

Most companies references are at the "can confirm that xxxxxxxx worked here from aaaaaaa to bbbbbbb" level.

Someone must really hate you

[thelurker]

Seriously??!?!? LOL... What is the point of references if they are all going to be positive. He can't give untrue, misleading our false references though. If you feel that this reference is any of those things you can sue them. Many employers won't give a bad reference just for fear of legal action.

Job references are exempt from the data protection act so you cannot fall back on that to make them reveal them. Interesting article on it here but I can't see the PDF for some reason..

Can I see my reference please? - Administrators - TES

You could approach the person/organisation that supplied the reference and ask them what it said or what the problem is but they are under no obligation to reveal it. It would be pretty tight of them if they didn't to be fair but they don't have to.

Considering the legal option, has anyone undertaken such action/costs involved?

Thanks

[northernladuk]

Considering the legal option, has anyone undertaken such action/costs involved?

Thanks

I would try find out what it says. Can only take it legal if it is indeed false or misleading. I also think going legal won't suit either of you as it will be expensive and long winded I would have thought. Having a word with the supplier of that reference and indicate you are prepared to take it further will normally have the right affect, unless of course you feel you have lost this gig due to their feedback and I guess then you have nothing to lose.

Have a look around google. Loads of stuff about it there.

[TheFaQQer]

Considering the legal option, has anyone undertaken such action/costs involved?

Thanks

Google has a number of stories about this. For a successful action, you need to show that the information is misleading, that misleading information has resulted in a negative effect on your future employment, and they were negligent in giving the reference.

Read up on negligent misstatement remedies and see whether it's worth it in the long run.

[JoJoGabor]

A mate of mine took legal action against a company director who gave a bad reference. He spent £4000 and got nowhere.

[Moscow Mule]

I would do a subject access request to both companies (the supplier & recipient of the reference) in the first instance.

Your Rights to Personal Files

[northernladuk]

I would do a subject access request to both companies (the supplier & recipient of the reference) in the first instance.

Your Rights to Personal Files

You kinda missed a bit there..

Exemptions

References are exempt in many, but not all, cases. You will have no right to obtain a confidential reference from the person or body which gave it. But you would be entitled to see a reference held by the person to whom it was supplied, except where this would identify the individual who gave it. The fact that it may identify the organisation that gave it is not relevant. Even information identifying the individual who gave the reference might have to be disclosed if it was reasonable to do so in the circumstances.
This means that if you are turned down for a job, you could see any references received by the employer who turned you down, so long as these did not identify the individual who gave the reference. However, you would not be entitled to obtain a copy of a reference from the person or body which gave it, even if it could be disclosed without identifying the individual concerned.

[Moscow Mule]

Let me highlight the pertinent words...

References are exempt in many, but not all, cases. You will have no right to obtain a confidential reference from the person or body which gave it. But you would be entitled to see a reference held by the person to whom it was supplied, except where this would identify the individual who gave it. The fact that it may identify the organisation that gave it is not relevant. Even information identifying the individual who gave the reference might have to be disclosed if it was reasonable to do so in the circumstances.
This means that if you are turned down for a job, you could see any references received by the employer who turned you down, so long as these did not identify the individual who gave the reference. However, you would not be entitled to obtain a copy of a reference from the person or body which gave it, even if it could be disclosed without identifying the individual concerned.