Can ex employers give a bad reference?

MimiJane

Murphy_The_Cat wrote:

can you ever.

If you have left your previous employer on bad terms, ask yourself the question why the hell should he/she give you a good reference !!!

or should they just be satisfied on seeing the back of you ?

But if you are going to give ba 'bad' reference nake sure it's true and you have documentary proof to back it up.

It swings both ways does this employer/employee malarkey and it comes as a bit of a shock when it swings back to some.

MTC

if you think i'm being harsh, you should see some of the dross who come to me for a job. Fortunately, i work in a rural area and the jungle telegraph is better than any written reference.

I do think you're being a little harsh here. Leaving on "bad terms" could be through no fault of the employee ... it could just mean the employer is "unscrupulous" and has been unfair to the employee in some way which of course could ultimately result in a wrongful or unfair dismissal claim. Not likely to go down well with any employer and could result in an unfair reference!

Murphy_The_Cat

Mimijane

All I was trying to do was provide some balance from another perspective.

I would dearly love to tell the truth about some ex-employees who have left me in the past - but most of these people are familymen who have to provide for their wife/children and a truthful reference for these people would have meant that they never worked again.

In those circumstances I prefer to keep it short, relevant & accurate (and dance with joy that they are neither mine nor my remaining decent employees problem any more).

MTC

fairenoughclough

Maybe I'm being naive, but if an employee is "bad" then don't they deserve a "bad reference".

We all know what it's like to work with wasters, surely employers need protecting as well.

Spendless

Furniture_man wrote:

I left my last employment 'not on the best of terms'
I have written to the Company asking for a reference for future use.
They have failed to respond.
I am informed by my 'legal eagle' that employers are becoming wary of giving out glowing references for wronged employees.
If it turns out that things go belly up, the new employer can challenge the last employer in court, and can sue for this.

That's interesting cos some years ago i remember a friends husband telling me how sick he was of a particular employee and friends husband suggested to the employee that if he were to find himself another job then he would write a glowing reference for him!!

Quackers

Murphy_The_Cat wrote:

In those circumstances I prefer to keep it short, relevant & accurate (and dance with joy that they are neither mine nor my remaining decent employees problem any more).

Thats what I do too - Gotta focus on the positive

Murphy_The_Cat

on Monday of this week one of employees became an ex-employee.

he left me a letter on Monday morning saying that as from NOW he was no longer working for the company (no notice given). He also made no mention of the extra 8 days paid holiday that he had already taken in this holiday year that he had not yey accrued, nor did he mention the 7 days pay that he had rec'd while he was 'ill ?' so far this year.

Basically he upp'd his sticks and went ( and left me out of pocket by x days pay for what he was not entitled to).

I have quoted above part of a post that I have given on this thread.

I look forward to his next employer contacting me for a reference.:j

Every Cat has its day.

MTC

Murphy_The_Cat

wow Mr Skint

definitive or what !

MTC

dprovan

I am really amazed by this thread. To say it is illegal to give a bad reference is strange. I don't know the law so can't comment on accuracy. But if this is the case why bother with references as they are clearly not worth the paper they are wrote on...

My reply would be to firstly define what is meant by a bad reference?

If it is bad in the sense that it is not factual, specific, relevant, and backed with evidential fact then its bad.

If it is all of the above however happens to be unfaviourable to whoever it comments on then how can it be bad surely it is accurate. If this is bad I have wrote a number of bad references.

MimiJane

dprovan wrote:

I am really amazed by this thread. To say it is illegal to give a bad reference is strange. I don't know the law so can't comment on accuracy. But if this is the case why bother with references as they are clearly not worth the paper they are wrote on...

My reply would be to firstly define what is meant by a bad reference?

If it is bad in the sense that it is not factual, specific, relevant, and backed with evidential fact then its bad.

If it is all of the above however happens to be unfaviourable to whoever it comments on then how can it be bad surely it is accurate. If this is bad I have wrote a number of bad references.

My understanding is that it is illegal to "tell lies" about an ex-employee, with the intention of making it difficult for him/her to gain future employment.

This seems a very difficult one to define ... I've known people join the company where I work with glowing references, only to prove themselves to be totally incompetent.

I agree ... it makes this whole reference thing a bit of a farce.

Freebie_Hunter_2

dprovan wrote:

I am really amazed by this thread. To say it is illegal to give a bad reference is strange. I don't know the law so can't comment on accuracy. But if this is the case why bother with references as they are clearly not worth the paper they are wrote on...

My reply would be to firstly define what is meant by a bad reference?

It is illegal to write a reference with any slanderous references to the employee. The reference can be factual but written on a non-bias slant.

Ie.
If Fred was constantly late and didn't seem to get much done then you can write:
'Fred's timekeeping was regularly bad and his work was not up to standard or date' as this is factual without basically commenting on Frd himself.
You CANNOT write:
'Fred was a lazy employee as not only was he always late but he sat around for most of the day doing nothing'.
That is sladerous as you are un-necessarily running the person down.

If an employee was dismissed because they were SUSPECTED of stealing, unless you have solid evidence (and police reports / CCTV footage etc.) you can't write in the reference that they were a thief as you have no proof.

A reference is only bad if you see it that way. If you have nothing to hide then there's no worries.
If an employer has lied and you can prove so, then you have a case against them.

... but there's nothing to stop them mentioning all the time off sick, any written complaints etc.