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Unsatisfactory reference from former employer

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  • prowla
    prowla Posts: 14,193 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The government site https://www.gov.uk/work-reference says that a reference is optional unless it was in a contract or in "a regulated industry" such as financial services; it says that the reference must be "fair and accurate" (where the boundary lies between that and subjective opinion could be debatable), or can contain just brief information.

    This ACAS page gives notes on references: https://www.acas.org.uk/providing-a-job-reference - it only says that certain financial jobs require one to be given.The sub-page https://www.acas.org.uk/providing-a-job-reference/what-employers-can-say-in-a-reference covers what information may be given in a reference.

    Many companies only give the basic/factual ones, as detailed ones may be entirely subjective; I've worked at places where the HR manager has been in a little clique who have bullied staff to the point of tears - would you trust their word?






  • Undervalued
    Undervalued Posts: 9,782 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    prowla said:
    The government site https://www.gov.uk/work-reference says that a reference is optional unless it was in a contract or in "a regulated industry" such as financial services; it says that the reference must be "fair and accurate" (where the boundary lies between that and subjective opinion could be debatable), or can contain just brief information.

    This ACAS page gives notes on references: https://www.acas.org.uk/providing-a-job-reference - it only says that certain financial jobs require one to be given.The sub-page https://www.acas.org.uk/providing-a-job-reference/what-employers-can-say-in-a-reference covers what information may be given in a reference.

    Many companies only give the basic/factual ones, as detailed ones may be entirely subjective; I've worked at places where the HR manager has been in a little clique who have bullied staff to the point of tears - would you trust their word?






    That has always been my understanding.

    That said, ACAS do have a bit of a track record of stating as "fact" what is in fact only their opinion of what constitutes good practice! 
  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    edited 25 March 2022 at 8:42AM
    prowla said:
    This ACAS page gives notes on references: https://www.acas.org.uk/providing-a-job-reference - it only says that certain financial jobs require one to be given.The sub-page https://www.acas.org.uk/providing-a-job-reference/what-employers-can-say-in-a-reference covers what information may be given in a reference.
    It is much more explicit than "certain financial jobs", its for people who's role falls within SM&CR regulations of the FCA... these are individuals that the FCA themselves have to vet (and also the PRA in some cases) not just the employer and will be CEO, CFO types of banks, insurers etc.

    Even then its only if their previous employers were also FCA/PRA regulated industries that they are compelled to give a reference... go from being the manager of a bar to the CFO of Direct Line the bar owners have no obligation to provide a reference but that may be one of a list of reasons why the PRA and FCA would decline the appointment. Technically that doesn't mean Direct Line cannot hire you just that you cannot hold a role where you need to be an approved person. 

    The approval takes some time to go through and so have known people being onboarded in a non-specific job as a generic "senior manager" whilst the approval for their controlled role to come through.

    This all works because the same regulator sits over the company asking for the reference and the company obliged to provide a reference.
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