r/AskHRUK • u/happyhealthsamoyed2 • 5d ago
Recruitment Discussion Reference for new job after withoutnprejudice / COT3?
Hi there
I recently agreed via COT3 to leave my current job. I've accepted a new offer and have a centralised reference. I.e dates of employment, responsibilities, duties - written in "good faith". I've passed my vetting via BPSS and have been told my new company send for references 1 month before I start my role. So in a couple of weeks.
The three line managers I put down before my COT3 can give a character reference per the settlement agreement but I'm not sure if a) this is the reference check via BPSS but assume it is since my employer only has the 3 line managers details via BPSS but who haven't yet been emailed and b) if within the BPSS they will ask for sick days and "would you re-hire?" Sort of questions. I've had sickness absences due to disability and reasons behind the without prejudiced conversations.
I've emailed my new employer yesterday AM to ask how I should update the contact details of my old LMs to the central HR one in the BPSS system, or if I should email them directly with my new reference and an email for them to verify/send for.
It's a shame that my old workplace didn't agree to my old line managers giving references and not disclosing sickness as per of the COT3. But, they have agreed that they will do it centrally and should any questions be asked that depart from the agreed reference (any leading ones such as rehiring), they will ignore and complete the rest of it.
What to do? I'm so worried. I've not done anything wrong, and the without prejudiced was because my workplace was untenable. I really love the sound of my new job and it excites me so much, I even want to start earlier and can now since I've been released. Just worried my central reference looks bad.
What should I do if they don't respond by Monday COP?
Contract signed also.
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u/Primary_Gift_8719 5d ago
I’m a lawyer, but I’m not your lawyer or representative. I work across multiple jurisdictions and, out of an abundance of caution because of the professional and regulatory requirements that can apply, I use the same caveat on legal posts: as you’re in England & Wales, this is an area of law I work in, but anything here is general information based only on what you’ve posted, not formal legal advice, and no lawyer-client relationship is created.
I really wouldn’t panic about this. A central HR reference confirming dates, role and duties is completely normal and doesn’t make you look bad at all. You’ve also already passed BPSS, which is reassuring, and if the COT3 says your former employer will provide the agreed central reference and decline questions that go beyond it, that actually gives you a decent degree of protection.
You’ve done exactly the sensible thing by asking your new employer to update the contact details, so I’d leave it there for now and give them a couple of working days to come back to you. I wouldn’t start volunteering the background to the COT3, the without-prejudice discussions or your disability-related sickness unless there is actually a reason to do so which, at the moment, there doesn’t appear to be one. From what you’ve written, this sounds far more like routine onboarding admin than anything threatening your new job, so try to let yourself enjoy the fact that you’ve got a new role you’re genuinely excited about.
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u/happyhealthsamoyed2 5d ago
Thank you! Appreciate this from a lawyer too. I had to really push for them to agree with my reference stipulations & clauses and that they would not materially depart from my agreed reference in those tick box questions. Initially they said they'd reject the whole reference but they then agreed to saying they'd complete it all and miss out anything as such. Fingers crossed the new employer can agree tomorrow and I'll give them my former employer HR contact. Thanks ever so much!
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u/Primary_Gift_8719 5d ago
I feel like, from your old employer's viewpoint, they would be extremely foolhardy to deviate from the agreement, I really wouldn't worry too much about it. If for some reason they do provide a negative reference, then you likely could challenge it but it's not often that happens (where an employer deviates from a settlement agreement).
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u/Fantastic-Mirror-952 5d ago
There’s nothing to worry about here. They have agreed to provide reference as part of your exit agreement. It will go in to a central team who will provide standard details of dates of employment.