Can you help dig me out of a hole ??

Banjo013

Got me a problem ...

Am in the process of changing job - did the interviews, signed the contracts, all done and dusted, or so I thought.

I resigned from my current job last week, and then - the bomb shell .... my new employer asked for a reference from my current manager.

Now thing is, the actual job I do right now is pretty much identical to the job I'm going to ... the day to day duties are almost the same. However OFFICIALLY in my current job, my job description is far more junior than the reality of the job. To put it simply, I really do my bosses job. So to swing the new job I told them what I actually do, and therefore appear to be more senior than the records at my current job will show.

My boss is the awkward type and always has been for the 5 years I've known him ... he'd sooner trip you going down the stairs than wish you good luck in your new job. If I ask him to do this reference, I know for a fact he'll slate me, and at this stage I've actually resigned ... so I'm in a corner.

Surely I can't be the first one to find themselves in this situation ... help someone !!!

Victor

Your employer **must** give you a reference. If he says anything untrue you can sue him for libel.

The Corinthian

In fairness, unless you told your new employer some serious porkies that you've not admitted to here, then I'd actually explain to him exactly what you you've said here.

RainyDay

You should definitely highlight to your new employer that they have dropped you right in it. Did the offer/contract you recieve say that it was 'subject to reference'? As Corinthian said, you should also explain to them how difficult/impossible it will be to get a reference from your current employer. Is there anyone else (former colleague, former boss) who could write a reference for you?

Victor - Can you confirm your source for the obligation on the current employer to write a reference? I've never heard of this before.

Banjo013

Victor is right - it's true that the employer is obliged to give a reference. However it's the reference he would give that worries me ... I know there's no way in hell he would tell anyone the truth of my job cause he'd be ashamed to admit he pays me what he does for the work I do.

Anyway, hatched a plan today that I think will work. Fingers crossed - I'll keep you all posted, and thanks for your advices.

denissilver

the employer is not obliged to give any reference.if someone rings me and asks for a ref for an ex employee and that employee was useless i just say no ref will be supplied.therefore i can't be sued for slander

The Corinthian

Originally posted by denissilver
the employer is not obliged to give any reference.if someone rings me and asks for a ref for an ex employee and that employee was useless i just say no ref will be supplied.therefore i can't be sued for slander

Actually, if you refuse to give a reference which at least states that an individual was an employee for a given period then that in itself is slander. An employer is obliged to give that information as a reference, but not anything else.

Lafortezza

Originally posted by denissilver
the employer is not obliged to give any reference.if someone rings me and asks for a ref for an ex employee and that employee was useless i just say no ref will be supplied.therefore i can't be sued for slander

An employer can decline to give a reference on an ex-employee. This is pretty much stating that the employee was a waste of space, and a crap worker, but they can't actually say this as its slander/libel. Also most companies won't give a bad reference even if they could.
It reflects badly on them that they hired a useless muppet in the first place!

The bog standard reference these days afaik is "Joe Bloggs worked at X Ltd. from 01/01/03 until 01/01/04. Please contact the undersigned if any further information is required." Signed my your manager and on company stationary.
Then the new company can ring the old manager for a phone reference.

shoegirl

But many companies, esp. large multinationals, now refuse to give references at all?

Besides, the practice is dying out due to the above and uncertainty. I got several jobs in the UK without having references, and the job I have now only required a single reference.