[Cerberus]

Originally Posted by Be*

Retail

Which I think USDAW looks after.

Contact them and see what they say.

Originally Posted by 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.

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.

Another link 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.