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caring guy

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  1. As for your other info: If a reference you have been given isn't accurate or is deliberately misleading it may amount to defamation, in which case, you could claim for libel. You will need to speak to a lawyer about how to do this. If you are still employed it may amount to constructive dismissal. I cannot say that because i cannot get a copy of the reference: 1. Can i get a copy of the reference that was sent by my ex employer? I asked the new employer for a copy of the reference supplied and they said it was privelleged information so could not do this.
  2. Bazak1: Thanks for your reply. My agreed reference states i was not subject to any disciplinary action. I was always an excellent employee. The grievance i raised was over a job being given to somebody who was not qualified for the job. I was qualified. The person who got the job was a partner (by marriage) of the senior management. The sticking point here is the 3 months sick leave. As I said: 2. I raised a grievance which led to a compromise agreement being agreed. Whilst this all went on I took 3 months off with stress. This is not mentioned in my agreed reference. Can my ex employer refer to this at all? This, in my opinion, is what stopped me getting the job. I had to involve the union and the compromise agreement was as a result of thier intervention. Luckily i walked away with a years wages but that's no good if your ex employer is screwing up your reference.
  3. Hi: I gave them a copy of my reference at the interview. They still wrote asking for a reference regardless.
  4. I believe their actions, whether they be wriiten, or verbal, have compromised the agreement. I now have the said letter and it states "unsatisfactory reference from your last employer".
  5. I suspect a phone call was made but my ex employer calling them.
  6. I left my last job with a compromise agreement. That included an agreed reference. I recently got a conditional offer of employment letter saying the offer was subject to reference. I have a copy of this and it's a very good reference. I received a call today saying the offer has been withdrawn because "they were not satisfied with my reference". A letter is in the post from them. What can i do? My ex employer must have runied my new job. My questions are: 1. Can i get a copy of the reference that was sent by my ex employer? 2. I raised a grievance which led to a compromise agreement being agreed. Whilst this all went on I took 3 months off with stress. This is not mentioned in my agreed reference. Can my ex employer refer to this at all? 3. Can I take legal action against my ex employer for not following the agreed reference ? I THINK my solicitor said i can take legal action if the ex employer provides anything but the agreed reference. Surely if the offer has been withdrawn and they are mentioning my reference as the reason for the withdrawal of offer this has to be down to my ex employer providing bad information? Is this logical to assume? I am now still unemployed and am becoming desperate to get a job. This is the second time a reference issue has lost me a job since this agreement was reached. There seems to be a pattern here. I thank you for any guidance you can offer.
  7. Incidentally, the firm i went for a job with will not send me a copy of the reference they received frommy last employer.
  8. I have an agreed reference from a compromise agreement. I went for a job and was told i did not get the job due to an unsatisfactorry reference. What can i do, if anything? Thanks all.
  9. I have a meeting on Friday. I've been told it's a case of accept these hours or be made redundant. But are these hours legal?
  10. I've told my hours are changing in September but the new hours SEEM to be totally against the EWD. They want us to work split shifts plus 2 sleep ins per week too. The new hours are: 7.30 am - 9.30 am. and 3 pm - 10.30 pm. I THOUGHT you had to have an 11 hour break period in every 24 hours. In the end did the UK sign up to the EWD or not? This new move concerns me.
  11. Pat: Thanks for your reply. The reason i was off was because my employer overlooked me for a senior job of which I was qualified. The new person,who got the job, was not qualified but her husband was on the management team. How do they write "he was off for 3 months because we shafted him!" If I lie i know i could be dismissed instantly but if the agreed reference is what is sent they would never know. As I said my friend has also left and her reference says "restructure". Can she be dismissed if her new employers found out she was "paid off"? You make a fair point though.
  12. Thank you all for your replies. I have a solicitor in place and i will be seeing him once the reference is agreed. If I personally was asked about sick leave i'd just say i was off for 3 or 4 odd days. I'd never reveal the fact i'd had 3 months off. Does the employer LEGALLY in an AGREED REFERENCE have to state how long i'd had off or can this be omitted? A friend of mine at the same place had thier reason for leaving agreed as "restructuring" but that was a complete lie but it's in her reference now. She went 4 months ago. Also, a elche commented, what are the penalties for an employer for not complying with a CA? Is this a set amount per transgression? Maybe i should have it agreed that the reference requests are sent to HR as opposed to the employer - which are in seperate towns 30 miles apart. Thanks again.
  13. I am currently sorting out an "agreed reference" as part of my compromise agreement. Is the "agreed reference" the only information my employer can send? If a prospective employer was to ask questions not covered in my "agreed reference" what would my employer be allowed to say/write? Nothing at all? i've had 3 months off due to stress in the last year and i do not want this referred to or commented on. Also, in an "agreed reference" can an employer say my leaving was due to a restructure, even if that was not the case? Thanks in advance.
  14. After many problems at work i've been offered 9 months wages, tax free, and an agreed reference, to go. I work in a specialised job in boarding schools and these jobs are few and far between. I do not have a mortgage or rent to worry about and my living expenses are minimal. Would you accept in the hope of finding another job or stay regardless until you've secured another job? I think I know the answer but i'm still worried. Thanks.
  15. maybe a silly question but: how many months pay would/should you accept as a pay-off? 3 months, 6 months a year? What's usually offered in these circumstances?
  16. Hi: Thanks for your reply. I've heard this term "breach of mutual trust and confidence" - what does this mean? Also, would you see this as a breach of the equal opportunites policy? Thanks.
  17. I work in a job and went for a promotion. The job advert said "NVQ 3 is a requirement with a desire to engage in ongoing training". 3 out of the 4 people shortlisted had the NVQ 3. The person who got the job does not have the qualification. I learnt this a month after they got the job because they blurted it out. They didn't even know NVQ 3 was a requirement! Should they have been shortlisted if the advert said "NVQ 3 is a requirement?" I have complained through the grievance procedure that the person should not have been interviewed because they do not have the qualification. A meeting has been called to discuss this. HR have asked me "what do you want out of this". Are they asking me to suggest a pay-off? They have implied the law has NOT been broken but good practice has not been used. Incidentally, the person who got the job: 1. Resigned from their job a month before they went to interview. 2. Is related (ongoing relationship) with a member of management who was not involed at all in selection etc. The promotion would have been worth 7k a year to me. I am informed at interview i came second. What do you do?
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