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A major triumph with appealing DBS decision and next stage


A major triumph with appealing DBS decision and next stage

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Cruicky
Cruicky
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So after 2 years of banging my head against the wall and initially a crazy decision to bar me on the children's list - I appealed the process with new evidence and pointed out that error in law was found, argued my case strongly and had the decision overturned. A letter confirming I have a clear enhanced DBS, and no barring on either list is substantial and the fight to be confirmed as not a risk in any such way, has been a joy.

Now a question - my former employer still today after 2 years of dismissal, confirms inconsistent references to employers either by stating nothing, providing some info or providing I was dismissed and that I am a risk to young people - are they allowed to do this? I have no money to take them to court I just want to challenge if they are not allowed to give opinionated statements which is preventing me seeking work back in the sector I once worked.

Advice please.
Cruicky
Cruicky
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thanks, Acas I have contacted but have said they cant help as its not a dispute with my employer now, as its 2.5 years ago I was dismissed, they said that references is something to take to a civil court.....

Is legal aid still about to be accessed as I thought this had been removed?

do you think my ex employer is being fair - to add into this, previously they had provided a silent reference, a standard reference after an error of what I was dismissed, then when they failed again, they provided a detailed letter stating they would no longer provide a reference going forward. This year they provided a standard reference again for employment and more recently disclosed full dismissal reasons including that I was a risk to young people/children when no factual evidence could back this up and as I said my DBS is clear and I am not barred on any lists.
bahh
bahh
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Cruicky

I'm not 100% sure of answers to your questions, s I feel it best not to attempt to answer them.

I know legal aid is still available, but under what circumstances I do not know. What I would respectfully suggest is you contact a good employment lawyer.....foys of Doncaster are v good, in my experience. I would anticipate you, at least, will get 30 minutes free so that should give you an idea of your next steps. Sorry I can't help more but employment law has probably changed since I knew it pretty well from. Both sides

M

onwards and upwards
bahh
bahh
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From the. Government website

From the. Government References: workers' rights

An employer doesn’t usually have to give a work reference - but if they do, it must be fair and accurate. Workers may be able to challenge a reference they think is unfair or misleading.

Employers must give a reference if:

there was a written agreement to do so
they’re in a regulated industry, eg financial services

If they give a reference it:

must be fair and accurate - and can include details about workers’ performance and if they were sacked
can be brief - eg job title, salary and when the worker was employed

Once the worker starts with a new employer they can ask to see a copy of a reference. They have no right to ask their previous employer.
Bad references

If the worker thinks they’ve been given an unfair or misleading reference, they may be able to claim damages in a court. The previous employer must be able to back up the reference, eg by supplying examples of warning letters.

Workers must be able to show that:

it’s misleading or inaccurate
they ‘suffered a loss’, eg a job offer was withdrawn

Workers can get legal advice, eg from Citizens Advice. They may also get legal aid.
Discrimination and unfair dismissal

Workers might also claim damages from a court if:

the employment contract says they must be given a reference but the employer refuses to
the worker is sacked because they’ve been asked to give a reference while the worker’s still working for them

Workers can get legal advice, eg from Citizens Advice. They may also get legal aid.

Contact Acas (Advisory, Conciliation and Arbitration Service) for advice.

Acas helpline
Telephone: 0300 123 11 00
Textphone: 18001 0300 123 11 00
Monday to Friday, 8am to 8pm
Saturday, 9am to 1pm
Find out about call chargeswebsite

onwards and upwards
Yellowing
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Cruicky - 9 Feb 14 8:07 PM
So after 2 years of banging my head against the wall and initially a crazy decision to bar me on the children's list - I appealed the process with new evidence and pointed out that error in law was found, argued my case strongly and had the decision overturned. A letter confirming I have a clear enhanced DBS, and no barring on either list is substantial and the fight to be confirmed as not a risk in any such way, has been a joy.

Now a question - my former employer still today after 2 years of dismissal, confirms inconsistent references to employers either by stating nothing, providing some info or providing I was dismissed and that I am a risk to young people - are they allowed to do this? I have no money to take them to court I just want to challenge if they are not allowed to give opinionated statements which is preventing me seeking work back in the sector I once worked.

Advice please.



Yellowing
Yellowing
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Cruicky - 9 Feb 14 8:07 PM
So after 2 years of banging my head against the wall and initially a crazy decision to bar me on the children's list - I appealed the process with new evidence and pointed out that error in law was found, argued my case strongly and had the decision overturned. A letter confirming I have a clear enhanced DBS, and no barring on either list is substantial and the fight to be confirmed as not a risk in any such way, has been a joy.

Now a question - my former employer still today after 2 years of dismissal, confirms inconsistent references to employers either by stating nothing, providing some info or providing I was dismissed and that I am a risk to young people - are they allowed to do this? I have no money to take them to court I just want to challenge if they are not allowed to give opinionated statements which is preventing me seeking work back in the sector I once worked.

Advice please.

What an amazing result! You are almost giving me hope again. I was given a caution during my last breakdown in 2014 and I have a lot of proof suggesting I was mentally unwell at the time but I have had closed doors wherever I have knocked and basically have been unable to work doing what I am qualified in and enjoy doing which is working with vulnerable people. Any advice on the route to take would be fab. Many thanks.
GO


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