What to do if…
you discover a former employer is contacting your new workplace about you without warning
Short answer
Ask your new workplace’s HR (or your manager) to document exactly what was said/sent and to route any future contact about you through HR only. Then move everything to written records so this doesn’t turn into “he said / she said”.
Do not do these things
- Do not confront your former employer by phone or in person — keep everything in writing from now on.
- Do not send angry or threatening messages (even if you feel provoked); they can be forwarded to your new employer.
- Do not resign, “get ahead of it” by over-explaining to colleagues, or post about it online.
- Do not assume it was a formal reference (it may have been an informal call) — focus first on stopping repeat contact and getting a clear record.
- Do not hand over personal passwords/devices/accounts to “prove” anything at work.
What to do now
-
Get the facts from your new employer (and ask them to preserve the record).
Ask HR (or the hiring manager): who contacted them, when, how (call/email), what exactly was said, and whether anything was saved/added to your file. Ask them to save any email/voicemail and write a short note of any call. -
Ask your new employer to lock down the channel immediately.
Request: “Please don’t take informal calls about me. If anyone contacts you about me, please route them to HR and ask for it in writing.” This reduces disruption and creates a traceable trail. -
Check what you already agreed to (so you don’t guess).
Look at your offer paperwork/application: did you list referees, sign a reference check consent, or agree to an employment screening process? Save copies. If you have a settlement agreement or an agreed/standard reference letter from your former employer, locate it now. -
If you have an agreed/standard reference, give it to your new employer HR.
Ask HR to rely on that document for reference purposes. If appropriate, send your former employer’s HR a copy and remind them (briefly) that this is the reference to be used. -
Send one short written message to your former employer’s HR (not a manager).
Keep it neutral and factual: you understand they have contacted your current workplace; you are asking them to stop contacting individuals at your workplace; any verification/reference requests should be handled HR-to-HR and in writing; and any reference provided should be accurate and fair. Ask them to confirm in writing they will comply. -
Ask your new employer for what they can share — and use a subject access request carefully if needed.
You can ask HR to share any emails/notes about you and this contact. If you need a formal route, you can make a subject access request for your personal data (for example: internal notes, emails, call logs about you).
Important: “confidential references” can be exempt from disclosure under UK GDPR. If HR can’t share the reference itself, ask for a general summary of what concern it raised and any non-exempt records they can provide. -
If something inaccurate or unfair was said, correct the record in the smallest possible way.
Ask your new employer what the specific concern is, then respond with brief, verifiable facts (dates/job title/contract type) and any documents you already have. Avoid long narratives. -
If this is escalating or threatening your job offer/employment, get specialist help early.
If a reference is unfair or misleading and it causes you a loss (for example, a withdrawn offer), you may have options — but it’s worth getting advice before you escalate. Acas can explain general options, and an employment solicitor can advise on your specific facts.
What can wait
- You do not need to decide today whether to bring a claim, complain formally, or “prove they’re lying.”
- You do not need to contact lots of people to “set the story straight.” One calm HR channel is enough for now.
- You can wait before escalating beyond HR unless contact continues or your new job is at immediate risk.
- You can review later whether any agreement about references/non-disparagement applies — first stop repeat contact and preserve records.
Important reassurance
An unexpected backchannel call can feel catastrophic, but many employers treat unsolicited contact as unreliable. By moving everything to HR-to-HR, written communication, you’re doing the most protective thing quickly — without making the situation louder.
Scope note
These are first steps to stabilise the situation, prevent repeat contact, and preserve evidence. If the issue threatens your job or involves serious allegations, get specialist advice before taking bigger actions.
Important note
This is general information, not legal advice. Outcomes depend on what was said, whether it was requested, and what records exist. If you feel harassed or threatened, prioritise safety and consider contacting the police.
Additional Resources
- https://www.gov.uk/work-reference
- https://www.acas.org.uk/providing-a-job-reference
- https://www.acas.org.uk/providing-a-job-reference/what-employers-can-say-in-a-reference
- https://www.acas.org.uk/providing-a-job-reference/if-you-get-a-bad-reference
- https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/individual-rights/right-of-access/exemptions-when-can-we-refuse-a-sar/
- https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/employment/subject-access-request-q-and-as-for-employers/