References, Wages and P45s

[Benfleet A1]

Due to this poxy ressesion and a few other bits and bobs I have had to put the Motorcycle Recovery on hold and attempt to get out of this hellhole that is work. Now I have an interview coming up in the very near future and I am quietly convident of landing the post. Vastly better money, hours and propects and have extensive experience of a very simular position so things are seriously looking up. But here lies the problem.

My present employer is nortorious for stitching up those who dare to leave their little Stalag and regardless of the fact that I have worked for them for 2+ years and put myself out on more than the odd occassion, I know I am facing the same treatment. So, what I need to know from the all knowing zone is can a company give a bad reference designed to put off other potential employers. Also, if all goes well and I land the post, can they take out percieved monies owed for training and how can I stop them delaying my final wage packet and P45.

I am told that they must pay me monies owned in full and then ask for the reinbursment of what they think I owe them. I know how much the training I have recieved has cost but know through bitter experience that a substantial amount more will be added to the bill to avoid paying me what I am owed.

Any help will recieve copious amounts of green.

Thanks People.

 

[BLUEBLOOD]

They can't give a negative reference Al, the worst they can say is Mr A Person was employed from dd/mm/yy till dd/mm/yy

Your new employers will have been impressed by you at interview not by a bland reference, and you could point out that they have a history of this or are unhappy about you leaving which turns their somewhat downbeat reference into a positive as you were obviously an asset

I can't help with the money side of things as i've not left a position in 7 years so forget how it works, actually scrub that further as the 7 years ago they were brilliant and actually made me redundant as a "thank you"

 

[Napster]

Actually, they can give a negative reference. It's a myth they can't.

However, references are only called on after interviews, so if you impress them enough at interview you should be OK.

Re delaying payment, P45 etc, ask the CAB for advice.

Even if the P45 is delayed, the new employer can use a P46.

A pay slip is a legal entitlement and if they refuse to provide you with one you should first raise it with them in writing pointing out and underpayments you believe may have been made. If this is ignored then raise a formal grievance even if you no longer work for them and lastly consider taking them to a tribunal. If you are a member of a Trade Union then they will be able to assist you with all of this, if not then its worth contacting the CAB for advise.

 

[Benfleet A1]

They can't give a negative reference Al, the worst they can say is Mr A Person was employed from dd/mm/yy till dd/mm/yy

Your new employers will have been impressed by you at interview not by a bland reference, and you could point out that they have a history of this or are unhappy about you leaving which turns their somewhat downbeat reference into a positive as you were obviously an asset


I can't help with the money side of things as i've not left a position in 7 years so forget how it works, actually scrub that further as the 7 years ago they were brilliant and actually made me redundant as a "thank you"

I seem to remember that reference bit from my post office days. They would just say you worked for them and that was it. Considered to be the worst type you could get.

 

[Napster]

More about references here. They can give a bad reference, but you can challenge it

http://www.totaljobs.com/careers-advice/money-and-legal/references

 

[BLUEBLOOD]

More about references here. They can give a bad reference, but you can challenge it

http://www.totaljobs.com/careers-advice/money-and-legal/references

I stand corrected Naps ... thanks for pointing this out as there's some useful bits of info on there

 

[number11]

As Napster says, they can give a bad reference as long as it's true. Most don't want to run risks or get involved either way (such as giving good reference even though an employee is cack) so a large number of organisations now just give a bland factual reference. If they lie about you in a refence then it is defamatory.

They would have to justify any claim for monies back from you and are obliged to pay you what you are owed in your terms and conditions of employment. If they don't you can issue an employment tribunal claim which are free to issue and you dont have the risks of paying their costs (unless court says you are without any merit whatsoever and just acting maliciously).

So I'd deal with it all one step at a time......go for interview and if they like you they will need a reference just as a formality. I guess you could mention in your interview when asked why you want to leave that it is partly because your current employer is an arse (in more eloquent terms) thought dont be too disparaging about them but if you are concerned about what reference you are given you could preempt that.

Once they offer you the job and hand in notice, see what they are offering you and when you are paid up til, negotiate this during your notice and if not resolved to satisfaction you have the fall back option to issue proceedings.....

 

[South Bank Hank]

I stand corrected Naps ... thanks for pointing this out as there's some useful bits of info on there

That said, Blueblood's advice was otherwise spot on. Telling your prospective employer that your current one has a history of nastiness when people move on will set them up to treat any reference with the caution it deserves. Do you have a better relationship with your previous employer?

 

[BLUEBLOOD]

Do you have a better relationship with your previous employer?

Knowing Al they are probably still trying to get the burning tyre off from around their head :smile: