Employer reference?

Carole asks: My prospective employer has withdrawn his offer as my previous employer put the wrong dates down on my employment reference. I was deputy manager in the care sector (Mar 07) then promoted to manager 7 months later (Oct. 08-present). I was given a verbal and then written offer of a great new job in the same line, accepted, worked notice etc. My ‘new’ boss said he had a concern on my reference and needed to clarify verbally, my ex boss, who never returned the call. When I spoke to my ex boss, he said he would let me have a copy, which I received and he had misleadingly/mistakenly put I was manager from Oct. 08 for 8 months not 18 months. This made my CV dates look fraudulent, and hence why my ‘new’ boss needed to check as obviously if I HAD lied, I would not be employed in the post due to integrity. I have so much evidence that I was doing this role from colleagues, professional and governing organisations etc. and would never lie on a CV – you risk your whole career in this sector if you do. My ex boss has now offered to speak to the other guy to rectify this claimed “error,” but is too late, the post was offered to the next short-listed candidate due to the time span. The postion was due to start two weeks from offer, and as he had patiently held on for another two weeks to hopefully speak to my ex boss, had to make the decision to offer the post to another person. I am gutted, but can understand his reasons as this made me look like a liar. Do I have a case for negligent misstatement? Thanks you

In answer:
Yes, you would appear to have a case if your ex-employer provided wrong information. Where an employer gives a reference, they are under a legal duty to give an accurate reference.

Your case is further strengthened by your working in a regulated environment, ie the care sector. You have to be centrally vetted and licensed. Hence although employers are not legally obliged to give references, where your job is regulated, even if the employer explicitly excludes providing references in your employment contract, they must provide a suitable reference to allow you to gain further work in that field when requested to do so by a possible future employer.

Job Reference

If an employer gives an inaccurate or negligent job reference, the employee can sue their former employer to recover damages in a County Court. The employee must have suffered loss ie. they failed to get a job because of the bad reference and lose the income that job would have provided.

You need to chat to a specialist employment solicitor. Have a look at the Law Society website section termed “Find a Solicitor.” enter your postcode and select from the “Area of Law” menu Employment Law. Most will offer a free initial consultation, which should clarify if you have a case and its strength. You will probably need your proposed future employer to agree a statement, which says that they withdrew the offer of employment due to issues within the reference, but let your solicitor do this.

Good Luck!

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Interview Dress Code

photo credit: Dyanna

One of the most asked question with regards interviews is “how should I dress?”

After reading the story found by Jim Stroud that more American women were getting bigger breasts to impress potential new bosses in the credit crunch, I thought some alternate input was required. So I asked my friend Sarah Arrow, an ex-HR manager and now Communications Director of her family firm Arrow Light Haulage, if I could re-post an excellent piece from her Essex Life blog about hair colour:

Do Brunettes get better jobs?

Superdrug recently commissioned some research on how the recession was affecting peoples beauty purchases. One of the interesting finds to come from the research was about hair colour.

The current economic climate is obviously making women take more care with their appearance at work, even down to their hair colour.

Dan Hadley is quoted as saying ‘The study shows brunettes do seem to be taken more seriously in the work place which is causing a rise in fair headed women darkening their locks. It’s incredible how changing your hair colour can alter people’s perception of you as well as making you feel more confident too.’  and he is the man that commissioned the research.

So the stats from the research…

• 62% think Brunettes look more professional in the workplace
• 31% of Blondes have gone Brunette in order to appear more intelligent
• 38% of Blondes believe their hair colour has held them back in their career

The survey encompassed 2,500 woman and out of them 25% gained a promotion after recently dying their hair. 38% found they were taken more seriously by their boss.

Is it really image? Is it a question of cost instead? if you are brunette, is it the saving £40-50 per month to maintain your blonde locks? or confidence and more chance of keeping your job?

As someone who colours her hair on a whim, I thought back to my hair colours when I got promoted and pay rises. As a redhead I did the best four promotions and several hefty rises in one job, and as a Brunette I always got the job. As a Blonde I only ever worked behind the bar…. but as the boss.

Personally when employing someone, I look to see that they are tidy and if they dye their hair are their roots done? and that’s more of a personal thing rather than influencing me on a job outcome!

Whilst many women feel that the right colour hair makes them feel confident I seriously doubt whether brunettes get more jobs than blondes or vice versa. It’s a combination of the right person, with the right skills in the right place rather than the colour of your hair. If it isnt then its just another form of discrimination, and I personally won’t be taking part in that or encouraging companies to.

Sarah Arrow

Sarah is a former recruitment manager. She is Communications Director for transport company Arrow Light Haulage based in Essex, the home of many, many natural blondes…
www.ArrowLightHaulage.co.uk/ArrowBlog

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