A bad reference can potentially destroy a career and have major financial consequences lasting well into the future. Where a bad reference is warranted, this may not be unexpected – but there can be cases where an employer provides false or inaccurate references to prospective employers, or sometimes to regulatory bodies.
Common examples given in references include:
- Stating that an employee was dismissed when this isn’t true
- Stating that an employee had poor attendance, sickness or time keeping records when this isn’t true
- Stating or suggesting that an employee had been subject to disciplinary proceedings when this isn’t true
- Stating or suggesting that an employees performance was poor or substandard when this was not true
Naturally, cases such as this are both distressing and unwarranted. The basis of Bad Reference claims include:
- Breach of Contract
- Negligent Mis-statement
- Malicious Falsehood
- Harassment under the Protection from Harassment Act 1997
Damages can include:
- Damages (including aggravated damages) for defamation/malicious falsehood. It is not necessary to prove loss and damages as of right now
- Loss of Earnings (for instance – if a job offer is withdrawn due to the false reference)
- Damages for Injury to Feelings
If you know (or suspect) that you’ve been negatively impacted by an unwarranted bad reference, you may be entitled to claim compensation.
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