Lost my job. Advice needed

[Central]

Lost my job 2 weeks back due to unsatisfactory references. What makes me mad I was working at the company for 3 months and then they told me about the references. Surely working there for 3 months they could of seen I was good at my job.

Anyway I signed on and today been told because my partner works 19 hours a week I can not claim JSA. I have had to take my son out of nursery because we cant afford which has upset me so much because he made friends and really enjoyed it. With the working tax credit credits, family credits and my partners wages we get about £700 a month. My rent is £550.

I have had to re apply for housing benefit and council tax benefit which can take up to 4 weeks and I am just panicking now.

Please any advice

[Cerberus]

Lost my job 2 weeks back due to unsatisfactory references. What makes me mad I was working at the company for 3 months and then they told me about the references. Surely working there for 3 months they could of seen I was good at my job.

I am sorry to hear that. I think you will find that this is the case with most employers today. People in their first 12 months of employment don't have a leg to stand on and I wish the laws were changed to protect the newly employed. Being part of a union does help, but again in the first 12 months you will find that help available is limited.

Can I ask who were your employers and were you part of any union?

You may also wish to write, telephone or email their HR department for further clarification regarding their decision and see if you have any grounds for appeal.

It's not much, but it's the only advice I can give.

I hope things do work out for you! :tu:

[andyandy]

Firstly, Im sorry to hear of your situation.

I would ask to see these references which you are entitled to do under the data protection act.

How you act on that information could depend on what is written in them.
If the information contained in them is untrue, you may be able to persue the party(s) that wrote them.

[AntiSilence]

Have a look on here: http://www.direct.gov.uk/en/Employment/Employees/index.htm and see if there's anything that you can do.

Failing that, a few bricks though their office windows may make you feel better! ;) :jk:

[Central]

Firstly, Im sorry to hear of your situation.

I would ask to see these references which you are entitled to do under the data protection act.

How you act on that information could depend on what is written in them.
If the information contained in them is untrue, you may be able to persue the party(s) that wrote them.

I got told that my old company must ask for permission of the people who sent the references for me to see them.

They wrote to my old company and my mate there told me they threw the letter away.

[Nidge]

Lost my job 2 weeks back due to unsatisfactory references. What makes me mad I was working at the company for 3 months and then they told me about the references. Surely working there for 3 months they could of seen I was good at my job.

Anyway I signed on and today been told because my partner works 19 hours a week I can not claim JSA. I have had to take my son out of nursery because we cant afford which has upset me so much because he made friends and really enjoyed it. With the working tax credit credits, family credits and my partners wages we get about £700 a month. My rent is £550.

I have had to re apply for housing benefit and council tax benefit which can take up to 4 weeks and I am just panicking now.

Please any advice


Sorry to hear about your plight mate, if you work for a living you will be peanalised and given nothing when you apply for some help from the system. Your rent will get paid from the date you applied for benefit, so don't worry about it taking 4 weeks, talk to your landlord and make them aware of your situation, they can't kick you out mate plus the Social Security won't put you out on the streets.

If you need any help go to your local Job Centre Plus office, they'll give you all the advice you need.

I hope you get it all sorted mate.

[SMG]

Thats a real bummer m8. Apply for every benefit you can, thats what its for, if your unsure, ask, & good luck to you. Its nice to see there are people who want to work nowadays.

[alferret]

Sorry to hear about the crap situation you have been put in.


The simular thing happened to my partner, she was offered the job, accepted it, gave her notice, worked her notice actually left the company and was due to start the following monday when she got a letter saying that due to references the offer was withdrawn.
When she asked her former employer why they had given her a crap reference she was told that her reference was exemplary but the prospective employer had also asked about attendance. She had, had 10 weeks signed off due to fibromyalgia & TMJ and this it turns out why the offer was withdrawn.

As cerberus said, under 12 months you really dont have a leg to stand on.
Do you know why your job was withdrawn? What was in the reference and have you had any problems at the company you work for which they might want to see you go but have used another excuse as in the reference or is it a cost cutting issue that they are not forthcoming with.
Usually a company will not get rid of someone who has been working for them for 3 months unless in your last job you were dismissed for theft\fraud\violence etc IME. As after 3 months you should have shown your worth to them.

[nffc]

I got told that my old company must ask for permission of the people who sent the references for me to see them.

They wrote to my old company and my mate there told me they threw the letter away.
That sounds like a lie. Any reputable company would have this information on record.

Maybe you could try ACAS?

[Enuff]

Sorry to hear the bad news Be*. And we wonder why some people don't want a job.

[Cerberus]

That sounds like a lie. Any reputable company would have this information on record.

Maybe you could try ACAS?

ACAS wouldn't entertain it nffc. Employees under 12 months employment don't have any rights to back them up. However, it's worth contacting them to see what they say. Give them as much detail as possible. Usually, companies will have a probationary period of 3 months to allow references to be gained. If you signed a contract of employment to that affect then it doesn't give you much hope.

ACAS (http://www.acas.org.uk/)

The only other advice I can give is to maybe get an hours free legal advice with a lawyer or an employment lawyer to see what they say.

You may also like to contact your local CAB to see if they can help.

What industry were you working in with this employer? I maybe able to direct you to the relevent union to gain further advice.

As stated previously, apply for every benefit available and get the advice from your local Job Centre or Job Centre Plus, but most of all keep your chin up!

Also if you can prove your old company threw that letter away, you may have legal grounds there. Again seek the advice of a lawyer, union, ACAS, Job Centre or CAB with regards to this.

[Anonymouse]

I seem to recall hearing somewhere that employers can't give you a prejudicial, i.e. bad, reference; it's against the law, if I heard it right. They aren't obliged to give you a glowing reference, but they can't give you one which would harm your chances of getting another job. You should definitely get legal advice and demand to see those references; there's something wrong here, starting with: if the references were 'unsatisfactory', why'd they take you on in the first place?

I hate the way employees are treated in this country. Best of luck, and do let us know how you get obn.

[Central]

Retail

[Xaccers]

I seem to recall hearing somewhere that employers can't give you a prejudicial, i.e. bad, reference; it's against the law, if I heard it right. They aren't obliged to give you a glowing reference, but they can't give you one which would harm your chances of getting another job. You should definitely get legal advice and demand to see those references; there's something wrong here, starting with: if the references were 'unsatisfactory', why'd they take you on in the first place?

I hate the way employees are treated in this country. Best of luck, and do let us know how you get obn.


AFAIK you're right about not being able to give bad references, however they can refuse to give a reference.
Be*, what was your attendance like at the last place (wasn't it blockbusters or am I thinking of someone else?) as that can lead to dismissal as alferret mentioned

[Cerberus]

Retail

Which I think USDAW (http://www.usdaw.org.uk/) looks after.

Contact them and see what they say.

I seem to recall hearing somewhere that employers can't give you a prejudicial, i.e. bad, reference; it's against the law, if I heard it right.

I am having this double checked just now with a rep from CWU. I am pretty sure that IS the case.

-Edit-

Just off the phone after speaking to him.

Employers are not obliged to provide a reference for you. If they do, they must give a true reference and must be careful about what is said. Most employers want to say as little as possible to avoid the chance of being sued.

Under the Data Protection Act, you can ask a prospective employer to see written references that have been submitted to them, so you should certainly request a copy of your references, although they may not be obliged to disclose information that identifies a third party.

The problem may well lie with comments that are made verbally and 'off the record'. Clearly it will be harder to track down the source. Talk to your referees and past employers to try and pinpoint who was spoken to and what was said. Employers should not express an opinion even if honestly held unless able to show objective evidence to support it.


If the reference is wrong and inaccurate, you (or, indeed, your new employer) can sue for 'negligent misstatement' via a court procedure. Alternatively, if you think there is an element of discrimination involved, you can bring your former employer to an employment tribunal.


Negative references which are unfortunately true are obviously more difficult to deal with. It is necessary to tackle the issue head on. 'Job applications are about selling yourself,'. 'The chances are that by the time you have got to the reference part, you will have passed the CV stage and a first or second interview. At that stage those employers want you, so it is worth fighting your corner. If you have a good rapport with the interviewer, you could throw your hands in the air and say, 'yes, that did happen' and put your case forward'. The key is to be matter-of-fact, not to over- or under-explain the situation and to show what you have learned from the experience.

So yes it is against the law! Follow the advice given above and keep me/us updated. :tu:

Another link (http://news.bbc.co.uk/1/hi/business/3065319.stm) for your perusal.

Sorry, my further advice is to keep copies of all correspondance sent and send them by recorded delivery. Companies have 40 days to comply with a Subject Access Request under the Data Protection Act. There may also be a small charge of between £10-15.

[nffc]

Hmm, I always thought that the references had to be factual, but provided they were they could say what they wanted (if not, then it's libel).

I would also have thought that if they had reasons for dismissal via an unsatisfactory reference that they would keep the evidence...

[Cerberus]

You would need a hell of a lot of money to bring a libel or defamation case against somebody. Added to the fact it is quite hard to prove.

However, the OP should be able to gain access to these references under the DPA, which would then give him quite a bit of evidence.

Get the references and then seek further legal advice. If taking legal action, then make sure you got a lot of cash behind you.

[Help!!!]

Sorry to here that, Makes me think as Im just starting a new job, well on probation period. Hope you caqn find a job soon enough, Best advice is to go tho the Job centre Plus, they offer pretty sound advice, Connections offer advice to 19 and under so if that applys give them a try good luck!!

[Enuff]

No job's safe these days, a huge percentage of them are 3 month contract. Some employers get rid at the end of the contract and then start someone else on another 3 month contract.

[SMHarman]

Hmm, I always thought that the references had to be factual, but provided they were they could say what they wanted (if not, then it's libel).

I would also have thought that if they had reasons for dismissal via an unsatisfactory reference that they would keep the evidence...Correct. Opinion does not enter into somethign provided by an employer as their legal insurances will not entertain such a thing. As such most employer references basically confirm you worked for them from A>B and you title.

[Cerberus]

No job's safe these days, a huge percentage of them are 3 month contract. Some employers get rid at the end of the contract and then start someone else on another 3 month contract.

Which when you think of it, is a waste of money on development and training a person.

When will the government and companies, wake up and realise that something needs to change?

No matter which company I have worked for, I have always joined a union. Job insurance at the end of the day! :)

[Arthurgray50@blu]

Hi Be*, l think that l might have an answer for you, under employment law, you old employers, are not allowed to give a bad reference, they have two options, either give a good reference or don't give one, and leave it up to your new employer to sort out, l had a similar situation about two years ago, and l needed a solicitor for help, unfortunately l cannot say much about it, due to legal restraints, but, what you could do, is contact the Managing Director of the company, outline, you old position, and also send him a CV, after him to contact the ' second ' employer on the cv, to find out what they thought of you, it could be that, your old employer might have had a gripe, and picked on you, ACAS, could help, if you contacted them, you need to be employed for two years, to have protection, and if you are placed on a trial period, then an employer does not need a reason, to let an employee go, that is the sad part of employment, before, part timers didn't have protection under law, now they do, you can always try www.gumtree.co.uk (http://www.gumtree.co.uk) (or com) for a job, or jobcentreplus.org.uk l wish you the best matey.

[monkey2468]

Hi Be*, l think that l might have an answer for you, under employment law, you old employers, are not allowed to give a bad reference, they have two options, either give a good reference or don't give one, and leave it up to your new employer to sort out, l had a similar situation about two years ago, and l needed a solicitor for help, unfortunately l cannot say much about it, due to legal restraints, but, what you could do, is contact the Managing Director of the company, outline, you old position, and also send him a CV, after him to contact the ' second ' employer on the cv, to find out what they thought of you, it could be that, your old employer might have had a gripe, and picked on you, ACAS, could help, if you contacted them, you need to be employed for two years, to have protection, and if you are placed on a trial period, then an employer does not need a reason, to let an employee go, that is the sad part of employment, before, part timers didn't have protection under law, now they do, you can always try www.gumtree.co.uk (http://www.gumtree.co.uk) (or com) for a job, or jobcentreplus.org.uk l wish you the best matey.
Employeers DO give bad references. That is why I now have a job. (after been made redundant). Previous employer of the bloke before me gave a him a very poor reference, verbally, over the phone, while the bloke was on his 3 month probation. His job went straight up as a vacancy. Good for me :) very poor for the bloke before me. I think his prevoius manager didn't like him.
Problem is, in your 3 month probation, an employer doesn't NEED a reason to let you go. :( Most employers, if there is a hint that you take sick leave, or are not punctual, will let you go in your probation.

Have you tried contribution based JSA, that is what I was on, they don't take into account ANY house hold income?

Have you told tax credits to amend your claim to inlude you earning £0 this coming year? you should get a lot more help if your partner is only working part time. When I was out of work, my wife worked full time with a good wage, and by amending the claim of me not working or earning boosted out tax credits to £5500 a year. (this is based on 2 children under 6 years old)

[Cerberus]

Problem is, in your 3 month probation, an employer doesn't NEED a reason to let you go. :( Most employers, if there is a hint that you take sick leave, or are not punctual, will let you go in your probation.

In this case employers should have a duty to extend your probationary period. Granted people get sick and are unable to work. I had 3 days off with food poisoning whilst at O2 and this was my only period of absence in my 6 month probationary period. I received a verbal warning for it. I then took it to my union rep, who was about as helpful as a cat flap in an elephant house. I would of took it further under the DDA (Disability Discrimination Act) as I am diabetic Type 1, but decided to leave as I couldn't be bothered with the hassle. A wee bit silly, I know, but it's something I felt I had to do. Had I of took it further O2 could of found some other excuse to get rid of me for taking action against them.

Many a time have I sat here and wondered that the laws governing the UK as a whole for employees are quite poor and something needs to change to protect employees rights from the start of their employment with a company. I think it's absolutely shocking that employees are required to be with a company 12/24 months before they have any real rights. I am now tempted to contact my local MP,MSP or even the DWP regarding this. It's a loophole imo that needs to be closed.

[handyman]

Without trying to sound cheeky, how does food poisoning and diabetes class as a reason to take it further under the DDA?

[kryogenik]

Might be late in the day, but Be*, can you not get some agency work?
I foolishly (but bloomin' superbly!!!) quit a job and walked out. Went straight into town to the agencies and I was working 6 days later. Nowhere near same money but enough to pay the mortgage and bills. I never gave a thought to signing on, I knew we wouldn't be able to make ends meet.

[Cerberus]

Without trying to sound cheeky, how does food poisoning and diabetes class as a reason to take it further under the DDA?

Diabetes is classed as a disability under the DDA. Food poisoning can affect a diabetic's blood sugar levels resulting in secondary illness/infection (which would/could mean admission to hospital) resulting in further time off work.

Example: General rule for a diabetic is; if they vomit/be sick more than twice in any one day then that can lead to hospital admission, as a general rule of thumb. Even a cold can affect a diabetics blood sugar levels.

I don't want to go into blood sugar levels even more as it would bore you and other posters of this forum. As stated it is classed as a disability.

A diabetics immune system is weaker compared to a normal healthy human being.

I hope that clarifys things for you.