If your application process has reached the references stage that means you are a very strong candidate for the position. Nonetheless, a bad reference could mean the difference between hearing "We'd like to make you an offer" and "We've decided to go with someone else".
See our guide, References - how to create a separate document.
You will, of course, pick people who will say positive things about you, but what if a potential employer asks to speak to your former boss? How much is that person obligated to say? The truth is that former employers can say as little or as much as they want. The subject of references has been quite contentious for some companies, to the point that some companies may choose to give no reference at all.
Bad reference
Contrary to popular belief, it is not illegal for former employers to give bad references. If they choose to give a reference at all, they are, however, obligated to be accurate and fair. That includes not being selective about truthful information with the purpose of being misleading. For example, to say your staff had high turnover and nothing else may sound like it was your fault, when it might have been due to something completely out of your control.
If there was a problem between you and an employer, and that employer is asked to give a reference, he/she may chose to:
- Give no reference at all.
- Give only the basic information about dates of employment and job title.
- Give a detailed account of any negative issues.
Legal action
If you've received a bad reference that has cost you a job offer, your first step should be to speak with the recruiter. As a strong candidate, you have a good chance of explaining the situation. The key is to be straightforward and talk about what you have learned from the experience.
If you feel a reference letter being supplied to potential employers is really detrimental to your jobseeking, you can request a copy of it under the 1998 Data Protection Act, which gives workers "the right to have a copy of the information that an organisation holds about them". There are some exceptions, such as if the letter was considered confidential. For more information on the Act, visit the Information Commissioner's Office.
The bottom line is that if you feel like the person gave unfairly harmful information, the onus is on you to prove:
- The information was misleading or inaccurate.
- The information was detrimental in your standing with a potential employer.
- The person was negligent in giving misleading or inaccurate information.
If you feel the above points apply, then you should seek legal counsel.
