Advised required - Dismissed from previous job - present employer requires references

geek84

Hi Folks

I was dismissed from my office job on grounds of not performing my job tasks properly, although I had been working for that employer for almost 2 years. I did not claim for unfair dismissal (which I regret now) because I had not been with that employer for more than 2 years).

Now I have managed to get a full time permanent accounts job at a local company. This was through a recruitment agency. I think the agency did not check my references, although they did ask for reference details. So, I don't think my current employer is aware of the fact that I was dismissed from my previous job.

I have now been in this new job for about 3 weeks. My contract with this new employer was given to me in the 1st week I started. However, now my new employer is asking for a reference from my previous employer (from where I was dismissed).

I rang the HR dept of my previous employer who said that if on the reference there is a direct question relating to reason for leaving, then are obliged to write 'dismissed.'

My question is - If this happens, can my present employer withdraw the job offer and dismiss me from this current job if the reference they receive from my previous employer says 'dismissed'? And if so, can I do anything about it?

Thanks in advance for your response.

Daz1865

So you have signed an employment contract? Was there any clauses about it being contingent on good references?

Try not to worry about it. When I have dealt with recruitment before, they normally appoint based on CV and interviews. The references are just seen as an after thought and something to tick a box. I'm sure you'll be fine.

Just two thoughts however;
1. Are you a member of a trade union?
2. Who are you putting down as a reference? I have three managers and if I were ever sacked, then I'm sure I could still get a good reference out of at least one of them.

geek84

Hi Daz1865

Yes, the contract does unfortunately say 'Subject to satisfactory references'.

No I am not a member of a trade union. The thought did not cross my mind! Is it too late to join one now for this problem?

Which trade union would you recommend & how can they be beneficial to me?

Thanks in advance for your response?

Bluewednesday

HI

Did anyone ever ask why you left your last job?

If they are going to find out anyway, might it be worth you coming clean and getting in first with your side of the story?

My sister was dismissed once and she always managed to find a job after that.

I think the trade union reference was because they could have helped you with some kind of appeal even though you may not have had statutory rights, even if it was only a satisfactory reference!

blobbyh

Maybe someone else can confirm this, but I'm pretty sure you have full statutory rights after only twelve months employment, meaning you can then take them to a tribunal if you consider the dismissal unfair. Up to one year, you can only claim unfair dismissal if they've breached one of the discriminatory points of the new Equality Act. It's two years to claim redundancy pay so are you getting your wires crossed with that?

As for trade unions, they're pretty much toothless beasts these days and even if you had got one involved, it may have caused you even further harm than good.

geek84

Hi Folks

Many thanks for your advice & support, so far.

Daz1865

Hi Geek84, I hope things have worked themselves out in the past few days.

The only reason I asked about if you were in a trade union because they can offer advice and often fight your corner. It does sound like you were hard done by in your last job but perhaps it is a little too late now.

Good luck. I hope it all goes well

geek84

Thanks Daz