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]

Originally Posted by Be*

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!

[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/Employme...yees/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!

[Central]

Originally Posted by 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.

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.

Originally Posted by Be*

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]

Originally Posted by Be*

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?

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

[Cerberus]

Originally Posted by nffc

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

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]

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. 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]

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.