Unfair bad reference and improving pay after pay drop

Unfair bad reference and improving pay after pay drop

Author
Discussion

Twentyfour7

Original Poster:

619 posts

154 months

Thursday 1st August
quotequote all
Hi All

I left a position after three weeks induction , as I found the role was professionally unsafe. I made every effort to leave on good on terms and since have been applying for positions. At interview I protected my previous employer and did not divulge the detail of why I left.

For various reasons the market for my line of work has been difficult, however I was offered a position only to find it was retracted after I asked a couple of straight forward questions, being told they could no longer accomodate the hours we had agreed. ( I wonder if they sought verbal references on the QT as they later advertised the job stating the same hours could be accomodated)

I have now been offered another position and learnt that the employer I left after three weeks had sent a vague negative reference, which left this employer explaining to me what they had received and asking me about it . I gave them the full reason why I left and they automatically could see the reason I did. I have now been offered the position for less pay than I initially was advised I would receive if I was successful.(I appreciate this may not be related to the negative reference but I am still 7k p.a. down and disappointed what I was initially advised has not been supported.)

Financially I have been very badly hit by the situation and not being in work. I do not wish to create waves with the employer who has now kindly offered me the post but I would appreciate advice on:

1. whether I should write to my last employer re the bad reference (incase I need to ask for a reference again in the future) and explain I do not understand why they wrote a negative reference which they can't justify especially when they asked me to retract my resignation and stay!

2. how I might be able to get back to what I was previously earning, (as if I left in the future, I have found employers request pay info/ payslips and will see that I accepted a substantial pay drop)

Your thoughts would be greatly appreciated

Freakuk

3,462 posts

158 months

Thursday 1st August
quotequote all
If you left after 3 weeks I would be tempted to remove it from your CV completely, 3 weeks on a CV won't mean anything and if I was the interviewer I'd certainly be querying why you only lasted 3 weeks.

By removing it it also removes the need for any employer to ask for a reference, could you not just say you were offered another role, went on holiday an upon return found out the offer had been rescinded?

Mont Blanc

1,408 posts

50 months

Thursday 1st August
quotequote all
Freakuk said:
If you left after 3 weeks I would be tempted to remove it from your CV completely, 3 weeks on a CV won't mean anything and if I was the interviewer I'd certainly be querying why you only lasted 3 weeks.

By removing it it also removes the need for any employer to ask for a reference, could you not just say you were offered another role, went on holiday an upon return found out the offer had been rescinded?
This.

Just erase it from history, your CV, and LinkedIn.

StevieBee

13,568 posts

262 months

Friday 2nd August
quotequote all
As above, best advice is to remove the position from your work history. Presumably this was still within the probation period. That being the case, there is no legal ramification for doing so.

It is worth knowing that it is illegal to provide a false or misleading reference. Your former employer could be liable for any financial loss you've incurred if their reference for you is indeed false.

RGG

410 posts

24 months

Friday 2nd August
quotequote all
Just a thought.

Not a complete solution but might help your understandable level of uncertainty about what has been recorded.

Apply for a copy of all records held by the previous employer, GDPR.

I've not verbalised this very well but I hope you know what I am meaning.

Mont Blanc

1,408 posts

50 months

Friday 2nd August
quotequote all
StevieBee said:
As above, best advice is to remove the position from your work history. Presumably this was still within the probation period. That being the case, there is no legal ramification for doing so.

It is worth knowing that it is illegal to provide a false or misleading reference. Your former employer could be liable for any financial loss you've incurred if their reference for you is indeed false.
The bit in bold is important, and is why I find it very surprising that the OP's former employer has said anything negative. They are potentially opening themselves up to a solicitors letter.

Most businesses I have worked for don't even give a reference for this reason. They just usually say "Yes we confirm (person) worked here from (date) to (date)and held the position of xxxxx". If they start giving their opinion on what that person was like, it can be tricky as an opinion is just one persons perception.

blueg33

38,521 posts

231 months

Friday 2nd August
quotequote all
Mont Blanc said:
StevieBee said:
As above, best advice is to remove the position from your work history. Presumably this was still within the probation period. That being the case, there is no legal ramification for doing so.

It is worth knowing that it is illegal to provide a false or misleading reference. Your former employer could be liable for any financial loss you've incurred if their reference for you is indeed false.
The bit in bold is important, and is why I find it very surprising that the OP's former employer has said anything negative. They are potentially opening themselves up to a solicitors letter.

Most businesses I have worked for don't even give a reference for this reason. They just usually say "Yes we confirm (person) worked here from (date) to (date)and held the position of xxxxx". If they start giving their opinion on what that person was like, it can be tricky as an opinion is just one persons perception.
This

The references I give confirm that the person worked for the business in the role of XXX between the dates of YYYY and ZZZZ. Nothing more


CoupeKid

808 posts

72 months

Friday 2nd August
quotequote all
RGG said:
Just a thought.

Not a complete solution but might help your understandable level of uncertainty about what has been recorded.

Apply for a copy of all records held by the previous employer, GDPR.

I've not verbalised this very well but I hope you know what I am meaning.
I think you are talking about a Subject Access Request.

98elise

28,208 posts

168 months

Friday 9th August
quotequote all
Mont Blanc said:
Freakuk said:
If you left after 3 weeks I would be tempted to remove it from your CV completely, 3 weeks on a CV won't mean anything and if I was the interviewer I'd certainly be querying why you only lasted 3 weeks.

By removing it it also removes the need for any employer to ask for a reference, could you not just say you were offered another role, went on holiday an upon return found out the offer had been rescinded?
This.

Just erase it from history, your CV, and LinkedIn.
Agreed. A 3 week gap is bugger all, it should even raise a question. I've had longer holidays than that!


Discendo Discimus

524 posts

39 months

Friday 9th August
quotequote all
blueg33 said:
Mont Blanc said:
StevieBee said:
As above, best advice is to remove the position from your work history. Presumably this was still within the probation period. That being the case, there is no legal ramification for doing so.

It is worth knowing that it is illegal to provide a false or misleading reference. Your former employer could be liable for any financial loss you've incurred if their reference for you is indeed false.
The bit in bold is important, and is why I find it very surprising that the OP's former employer has said anything negative. They are potentially opening themselves up to a solicitors letter.

Most businesses I have worked for don't even give a reference for this reason. They just usually say "Yes we confirm (person) worked here from (date) to (date)and held the position of xxxxx". If they start giving their opinion on what that person was like, it can be tricky as an opinion is just one persons perception.
This

The references I give confirm that the person worked for the business in the role of XXX between the dates of YYYY and ZZZZ. Nothing more
Even if they are brilliant employees? Seems like a spiteful thing to do, why not write a few nice words about them to give them a helping hand at the new place?
If you meant that you write that if they're rubbish employees I completely understand.

craigjm

18,479 posts

207 months

Friday 9th August
quotequote all
Mont Blanc said:
Freakuk said:
If you left after 3 weeks I would be tempted to remove it from your CV completely, 3 weeks on a CV won't mean anything and if I was the interviewer I'd certainly be querying why you only lasted 3 weeks.

By removing it it also removes the need for any employer to ask for a reference, could you not just say you were offered another role, went on holiday an upon return found out the offer had been rescinded?
This.

Just erase it from history, your CV, and LinkedIn.
You cant do that with the last place you were employed at. How do you explain getting a P45 from a company that your CV said you never worked at when you hand it to your new employer?

Muzzer79

11,060 posts

194 months

Friday 9th August
quotequote all
craigjm said:
Mont Blanc said:
Freakuk said:
If you left after 3 weeks I would be tempted to remove it from your CV completely, 3 weeks on a CV won't mean anything and if I was the interviewer I'd certainly be querying why you only lasted 3 weeks.

By removing it it also removes the need for any employer to ask for a reference, could you not just say you were offered another role, went on holiday an upon return found out the offer had been rescinded?
This.

Just erase it from history, your CV, and LinkedIn.
You cant do that with the last place you were employed at. How do you explain getting a P45 from a company that your CV said you never worked at when you hand it to your new employer?
Just don't give them a P45.......No need to explain it then smile

Freakuk

3,462 posts

158 months

Friday 9th August
quotequote all
Muzzer79 said:
craigjm said:
Mont Blanc said:
Freakuk said:
If you left after 3 weeks I would be tempted to remove it from your CV completely, 3 weeks on a CV won't mean anything and if I was the interviewer I'd certainly be querying why you only lasted 3 weeks.

By removing it it also removes the need for any employer to ask for a reference, could you not just say you were offered another role, went on holiday an upon return found out the offer had been rescinded?
This.

Just erase it from history, your CV, and LinkedIn.
You cant do that with the last place you were employed at. How do you explain getting a P45 from a company that your CV said you never worked at when you hand it to your new employer?
Just don't give them a P45.......No need to explain it then smile
This, again 3 weeks who would know....

And even if you did give them your P45 from your 3 week employment but it wasn't on your CV, I doubt any HR/payroll department would be querying the CV and identifying the issue.

5s Alive

2,143 posts

41 months

Friday 9th August
quotequote all
blueg33 said:
This

The references I give confirm that the person worked for the business in the role of XXX between the dates of YYYY and ZZZZ. Nothing more
Exactly what was required in my latter years of working for a government dept. To give everyone the same reference was a fear of litigation travesty.

I ignored this and refused to give bland references for longterm outstanding performers who had deservedly earned recognition.

Risky, but a minor one and never backfired on me.



craigjm

18,479 posts

207 months

Friday 9th August
quotequote all
Freakuk said:
Muzzer79 said:
craigjm said:
Mont Blanc said:
Freakuk said:
If you left after 3 weeks I would be tempted to remove it from your CV completely, 3 weeks on a CV won't mean anything and if I was the interviewer I'd certainly be querying why you only lasted 3 weeks.

By removing it it also removes the need for any employer to ask for a reference, could you not just say you were offered another role, went on holiday an upon return found out the offer had been rescinded?
This.

Just erase it from history, your CV, and LinkedIn.
You cant do that with the last place you were employed at. How do you explain getting a P45 from a company that your CV said you never worked at when you hand it to your new employer?
Just don't give them a P45.......No need to explain it then smile
This, again 3 weeks who would know....

And even if you did give them your P45 from your 3 week employment but it wasn't on your CV, I doubt any HR/payroll department would be querying the CV and identifying the issue.
How would you explain not having a P45? HR runs on checklists in just about every organisation I have ever experienced it. No P45 no tick on the checklist. You may get away with one not matching your CV but if they do check, and I know plenty of big organisations that do, then you will be out of the door pretty quickly. Its best not to ever lie on a CV or job application no matter how small the "error"

Back to the OP its very unusual for any employer to say anything more than X worked as Y at Z company from this date to this date anymore unless you are in an industry that involves care / DBS checks / security vetting etc.

Once you start your new job you can ask to see a copy of the reference that was provided. You will more likely get a positive response than asking the previous employer directly. There is no right under GDPR or any other legislation to force them to do so.

Orchardab

481 posts

133 months

Saturday 10th August
quotequote all
It’s common that people move jobs and for one of many reasons move on quickly.
3 weeks is neither here nor there.
If I was employing and saw 3 weeks on a CV I’d question what happened but ask for a reference from the previous job with a longer stint.

Alex Z

1,509 posts

83 months

Saturday 10th August
quotequote all
Mont Blanc said:
StevieBee said:
As above, best advice is to remove the position from your work history. Presumably this was still within the probation period. That being the case, there is no legal ramification for doing so.

It is worth knowing that it is illegal to provide a false or misleading reference. Your former employer could be liable for any financial loss you've incurred if their reference for you is indeed false.
The bit in bold is important, and is why I find it very surprising that the OP's former employer has said anything negative. They are potentially opening themselves up to a solicitors letter.

Most businesses I have worked for don't even give a reference for this reason. They just usually say "Yes we confirm (person) worked here from (date) to (date)and held the position of xxxxx". If they start giving their opinion on what that person was like, it can be tricky as an opinion is just one persons perception.
If they are happy to have a dangerous work environment, they probably don’t care about getting a solicitors letter.

craigjm

18,479 posts

207 months

Saturday 10th August
quotequote all
Alex Z said:
Mont Blanc said:
StevieBee said:
As above, best advice is to remove the position from your work history. Presumably this was still within the probation period. That being the case, there is no legal ramification for doing so.

It is worth knowing that it is illegal to provide a false or misleading reference. Your former employer could be liable for any financial loss you've incurred if their reference for you is indeed false.
The bit in bold is important, and is why I find it very surprising that the OP's former employer has said anything negative. They are potentially opening themselves up to a solicitors letter.

Most businesses I have worked for don't even give a reference for this reason. They just usually say "Yes we confirm (person) worked here from (date) to (date)and held the position of xxxxx". If they start giving their opinion on what that person was like, it can be tricky as an opinion is just one persons perception.
If they are happy to have a dangerous work environment, they probably don’t care about getting a solicitors letter.
For balance we have only heard the story the OP wants to tell us so we can’t really come to such conclusions

Wilmslowboy

4,314 posts

213 months

Saturday 10th August
quotequote all
I think without knowing exactly what was said, seeking recourse from your previous employer is a dead end.

You said : sent a vague negative reference
New employer: Would you employe them again ?
Previous employer : No


Enough said, and doesn’t fall into the category of spiteful and untrue

Muzzer79

11,060 posts

194 months

Saturday 10th August
quotequote all
craigjm said:
Freakuk said:
Muzzer79 said:
craigjm said:
Mont Blanc said:
Freakuk said:
If you left after 3 weeks I would be tempted to remove it from your CV completely, 3 weeks on a CV won't mean anything and if I was the interviewer I'd certainly be querying why you only lasted 3 weeks.

By removing it it also removes the need for any employer to ask for a reference, could you not just say you were offered another role, went on holiday an upon return found out the offer had been rescinded?
This.

Just erase it from history, your CV, and LinkedIn.
You cant do that with the last place you were employed at. How do you explain getting a P45 from a company that your CV said you never worked at when you hand it to your new employer?
Just don't give them a P45.......No need to explain it then smile
This, again 3 weeks who would know....

And even if you did give them your P45 from your 3 week employment but it wasn't on your CV, I doubt any HR/payroll department would be querying the CV and identifying the issue.
How would you explain not having a P45? HR runs on checklists in just about every organisation I have ever experienced it. No P45 no tick on the checklist.
Just say you never received it

Getting a P45 is not a legal requirement, nor is providing one to a new employer.