Ex-employer won't give reference.

foreverskint

Can anyone give me any advice please?

My DP resigned from his job today to take a much much higher paid job.

His current boss went doolally-tap and said he will not give him a reference.

Can he do this? We don't think it will affect his new employer but it does come down to principals. He works hard and has not given his employer any cause for complaint until today, by resigning.

Anyone know what the legal position is?

Quintain_2

I'm sure there's no legal onus an an employer to give a reference.

Has your other half given the agreed period of notice to his employer - and will he work it?

Or has he just gone ..............

If he intends working his notice, you may very well find that once the employer has got over his shock/horror and the realization that he must either do the job himself or find/train someone equally as good then he will change his mind, accept the inevitable, and issue a reference.

Many companies never give written references.

foreverskint

yep he's working hos notice next week.

thanks for your reply, never been in this situation before.

karenj

Employers are not obliged legally to give references. Also, if the (ex) employee names a person as a referee, they should ask their permission before submitting their name. If the new company sends in a reference request, then ex-employers only need to give details such as start date, salary etc.; they do not have to give any more information. If however the ex employer gives a bad reference (because of bad feeling for resigning for example), then the ex employee can sue for defamation as they are not giving the true facts of the work record, only their personal feelings. Most companies nowadays don't give references as to work capability etc. because of this reason.

Murtle

I agree with karenj's comments. Many companies will only provide the bare basics, ie yes this person did work here between x date and x date. I have found that a new company is welcome to ask previous ones for that information, but if they want detailed references I ask people I have worked for personally to provide them. If his boss is still funny about it, he can mention it to his new employer if they insist on having personal reference from him/or query why he can't get one. Good luck

Xbigman

Union rep at work thinks an employer is legally obliged to give a reference and that it cannot be a bad reference. And that this isn't common knowledge.
Down side is that a bog standard reference that simply gives name and dates of employment is ok.
In the event an employer mucks you about, anyone in the company that outranks you can give a personal reference.
Regards



X

cash99

I'm pretty sure there is no legal obligation to give a reference, unless it is written into your employment contract, which is unlikely.

Employers can also say what they like in a reference, and provided it is truthful there is no come back from the employee. In most cases employers will shy away from giving a bad reference as this can lead to a legal challenge even if it is true.

Employers also have to be careful not to give a good reference when a bad one would have been appropriate, as they owe a duty of care to the new employer.

With all of the above you can understand why either no references or only very limited referneces are given.

Bear in mind though that HR departments may well have contacts with other companies and off the record comments do get made.

Savvy_Sue

Wow, MrSkint we really do have chapter and verse there!

To Foreverskint, if your DP can contact anyone from his previous previous employers he could give them as a reference. He may need to explain to new employer that current employer is being funny about the whole thing. Bet he's glad he's out of there!