Employer Reference Requests

ED-209

I worked for my previous employer from 2009-2012. During my last year there i was moved to a more physically demanding job in a different department. Due to the increasing demands on my body (fast, repetitive work, long hours) i took time off. This resulted in me being given a final warning. My doctor advised some changes to my work environment. My employer was unable to allow these. I felt that it was a case of being dismissed sooner or later so decided to resign my position.

I have now started a new job & am in my trial period. The spec for the job stated 2 references would be needed. 1 personal & 1 from a previous employer. I have a glowing written reference from my employer 2005-2009. I gave this to my new employer. I obviously didn't list my previous employer as a referee as i don't know what they will say.

The company that i worked for 2005-2009 have now closed down. My new employer has stated that they need to contact my stated references. The only work reference i can now give is my previous employer as my employer from 1998-2005 have also closed down.

Can i control what my previous employer declares about me.

If i phone my new employer & ask for a reference i know they can refuse. Does this also mean that if a company asks them for a reference concerning me, that they would have to refuse to give it as they had refused to give me 1 personally.

Can i tell my previous employer that the only details on my reference should be start & end date of employment & salary information

I have a feeling my new employer are going to send a questionnaire. This will ask about my attendance & if they would re-employ. I should state that i had 100% attendance in my first two years at the company.

bluenoseam

Your previous employers have no obligations to provide any reference & may decide to do so. So long as what they say is truth & accurate they can say whatever they like - that means it can be negative (bad) provided there is indisputable evidence to back it up.

You personally have no control over what's written in a reference in the absence of a legally binding compromise agreement, which doesn't sound like it exists. So they can technically say that your attendance in the final part of your employment was unsatisfactory leading to disciplinary proceedings starting. I guess they could also state that you left prior to being relieved of your duties due to poor attendance - which would be pretty close to saying you would have been sacked had you not resigned.

ED-209

ED-209 wrote: »

If i phone my new employer & ask for a reference i know they can refuse. Does this also mean that if a company asks them for a reference concerning me, that they would have to refuse to give it as they had refused to give me 1 personally.

What happens in this situation. If my previous employer refuses to give me a reference can they give my prospective employer a reference?

AP007

OP was the warning still on file when you left?

ED-209

I was given a final warning in Dec 2012. This was to last 18 mths. One day off in those 18 mths would have resulted in dismissal. I gave my notice 7 days after being given the final warning.

AP007

ED-209 wrote: »

I was given a final warning in Dec 2012. This was to last 18 mths. One day off in those 18 mths would have resulted in dismissal. I gave my notice 7 days after being given the final warning.

So your warning was about sickness?

If the warning still stands as you state it was for 18 mths it will still be on the file now as it was when you left (wont go off it now at all).

Any reference that asks 'Does Ed have any warnings'? They will have to put yes then there may be the question 'If yes what was it or they for'?

ED-209

Is it not illegal for a company you previously worked for to give details about sickness/medical conditions you suffer from to a third party. Am i not within my rights to state to my previous employer that i don't want them to disclose personal information about me.

AP007

ED-209 wrote: »

Is it not illegal for a company you previously worked for to give details about sickness/medical conditions you suffer from to a third party. Am i not within my rights to state to my previous employer that i don't want them to disclose personal information about me.

I never said it was legal but its legal to ask if you have any warnings and they can and will say yes that you have.

You cant tell your previous employer you do not want them to give you a reference. If you mean sickness they wont tell them your sick record.

bluenoseam

It's not your previous employers place to say "Ed was absent because of X condition" but it's previous employer's place to answer any direct question put to them should they decide to provide a reference. Therefore if asked "how many periods illness absence did Ed rack up & their totals?" it would be OK for them to answer "X periods accounting for Y total days".

Be careful though as not all illness is covered by discrimination legislation (that's a whole different debate) - and even those which are aren't guaranteed to have zero impact on the offer of employment. Remember that it's always easy to find other things when a major red flag has been raised, so even if you are covered, that's the point where little things suddenly become major reasons.

Wyndham

What have you been doing since 2012? If you've done anything on a volutary basis, for example, I think it would be possible and approriate to ask for a reference there. Is there anyone else who could act as a referee for you in a "work" context, no matter how tenuous the link?

In the past I used a friend from my old company, who was actually a drinking buddy. He wasn't ever my manager, but had been in HR, and wrote the reference that way. Maybe slightly dodgy, but it worked for me....

marybelle01

Maybe I am missing the point here, but the OP did not provide her last employer as a reference. So, with the best will in the world, she was "hiding stuff" from the new employer? The previous employer can say anything that is true - and contrary to what has been said here, that includes your sickness record.

TBH - if you found your new employee didn't give their last employer as a reference, and then found that there were issues with attendance - would you want to employ them?

I don't think there is an easy answer. The OP was, even with the best of intentions, attempting to hoodwink the new employer rather than tell them the truth. And is now potentially stuck. Every employer expects the last employer to give a reference. And suddenly this isn't the case? Why did the new employer not expect a reference from the last one? The only obvious answer is that they didn't expect one because there was something to hide. At this point honesty mat not help at all, but it may be the best policy.