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I thought bad references were illegal?!

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  • Emmzi
    Emmzi Posts: 8,658 Forumite
    1,000 Posts Combo Breaker
    I'm assuming this is all academic for JS as he doesn't work. So a bit of arguing the toss to break up the day with no actual real life ramifications for his actions.

    I'll trust the qualified lawyers etc ta!
    Debt free 4th April 2007.
    New house. Bigger mortgage. MFWB after I have my buffer cash in place.
  • laganuk
    laganuk Posts: 41 Forumite
    Part of the Furniture Photogenic Combo Breaker
    I wasn't aware of his job status.
    In no way was i suggesting you rely on my words alone or in part and you must and are right right to see a trained professional if you are in distress; that is what practising lawyers are there for.
    Phil:beer::j
    Speak when you are angry; and make the best speech you'll ever regret: Anger makes dull men witty, but it keeps them poor: Labels are for jars, not people (but it's hard sometimes;))
  • Emmzi
    Emmzi Posts: 8,658 Forumite
    1,000 Posts Combo Breaker
    lagan, and it is also totally valid to have opinions if not working. there's just a bit of history with this poster arguing for the hell of it.
    Debt free 4th April 2007.
    New house. Bigger mortgage. MFWB after I have my buffer cash in place.
  • Torry_Quine
    Torry_Quine Posts: 18,877 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    that borders on opinion anyway IMO

    If someone is meant to start at a certain time and is often after that time how is that an opinion? It needs to be documented otherwise how would it be proved.
    Lost my soulmate so life is empty.

    I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
    Diana Gabaldon, Outlander
  • If someone is meant to start at a certain time and is often after that time how is that an opinion? It needs to be documented otherwise how would it be proved.

    so if its written down its proof that it occurred?

    ok then....
  • Torry_Quine
    Torry_Quine Posts: 18,877 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    so if its written down its proof that it occurred?

    ok then....

    Now you're just being silly. Someone's personnel records are a legal document, you can't just right anything down. for instance the person will have this brought to their attention and may well have to agree to certain conditions.
    Lost my soulmate so life is empty.

    I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
    Diana Gabaldon, Outlander
  • JonathanStewart
    JonathanStewart Posts: 68 Forumite
    edited 30 December 2011 at 7:46PM
    Now you're just being silly. Someone's personnel records are a legal document, you can't just right anything down. for instance the person will have this brought to their attention and may well have to agree to certain conditions.

    Well I would assume that the person in question would have to be written to and told that it was gong to stay on their file?

    if not then the whole thing is a farce as you can have an issue that is dealt with informally and forgotten about and then brought up once you have left.
  • Well I would assume that the person in question would have to be written to and told that it was gong to stay on their file?

    if not then the whole thing is a farce as you can have an issue that is dealt with informally and forgotten about and then brought up once you have left.

    No, there is no obligation on an employer to advise that a factual record of timekeeping was to be kept on record. I doubt very much that persistent tardiness would be dealt with informally and forgotten about.
  • LadyMissA
    LadyMissA Posts: 3,263 Forumite
    If someone is meant to start at a certain time and is often after that time how is that an opinion? It needs to be documented otherwise how would it be proved.

    At my last job the reception took a note of the time when you came in and then IT got a time off the 'system' when you logged into the PC and if the times were more than 3 mins then you had to explain where you were etc. Also these times were used for your apraisal and could be disputed if you had kept a log too as they made up a scoring % on the KPI each qtr.
  • No, there is no obligation on an employer to advise that a factual record of timekeeping was to be kept on record. I doubt very much that persistent tardiness would be dealt with informally and forgotten about.

    And what if it was one specific incident where an individual had a dispute with another person and was dealt with informally i.e. no investigation or hearing. Would it be OK to put it on file even if it was understood that the matter would go no further?
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