Disciplinaries & job references

Chucklechops

Hi there,

If someone has a verbal or written warning on their file, could that get mentioned to a new employer if they were to get a new job (e.g. could it be mentioned on a reference)?

I seem to remember reading that an employer is not allowed to give a negative reference. Are they able to refuse giving a reference to a new employer?

Any help would be greatly appreciated.

Thanks.

DE_612183

It depends - some references are just so-and-so was employed here between x date and y date.

Others may go into detail - as long as what they is true then there is not much you can do about it.

If you do get to the stage where your new employer is looking at references, and you get the chance, maybe worthwhile disclosing it if you can mitigate the circumstances.

74jax

I've not heard you can't give a negative reference, but I have heard it had to be factual.

https://www.gov.uk/work-reference states

If they give a reference it:

must be fair and accurate - and can include details about workers’ performance and if they were sacked

can be brief - such as job title, salary and when the worker was employed.

So I would say yes they can mention such warnings. 

Ath_Wat

74jax said:

I've not heard you can't give a negative reference, but I have heard it had to be factual.

Haven't you? Somebody says it here at least once a week; it's a common misconception. It's not true, though, of course, they can certainly mention any disciplinary action or warnings given if they want to.  Many don't want to.

Undervalued

Chucklechops said:

Hi there,

If someone has a verbal or written warning on their file, could that get mentioned to a new employer if they were to get a new job (e.g. could it be mentioned on a reference)?

I seem to remember reading that an employer is not allowed to give a negative reference. Are they able to refuse giving a reference to a new employer?

Any help would be greatly appreciated.

Thanks.

Absolute nonsense! A total myth.

Yes, with a very few exceptions in some regulated occupations, an employer can refuse to give a reference and there is absolutely nothing you can do about it.

If they do give a reference is must be true and not deliberately misleading.

Yes, they can mention any past disciplinary action, although they don't have to. Some companies have a policy of giving only "bare bones" references (dates job title etc) whereas others will write at length.

TELLIT01

Many employers only give references stating start and end dates along with job title, as it avoids any dispute later if somebody failed to get a job and the information provided by the employer was challenged. 

Years ago there was a story doing the rounds of a reference along the lines of "We are delighted to hear that Fred has applied for a job with you.  I feel certain that you will value his services just as much as we have"  There are so many ways to interpret that statement.

TBagpuss

Chucklechops said:

Hi there,

If someone has a verbal or written warning on their file, could that get mentioned to a new employer if they were to get a new job (e.g. could it be mentioned on a reference)?

I seem to remember reading that an employer is not allowed to give a negative reference. Are they able to refuse giving a reference to a new employer?

Any help would be greatly appreciated.

Thanks.

Short answer, yes, it could be mentioned.

It's an urban myth that a reference cant be negative. The position is that where a reference is given, it must be truthful - so the person/organisation providing the referencemust only state thigs they know or reasonably beleive to be te, and must not intentionally mislead. 

Many employers will only give a factual reference, statingthe dates yuou were employed and what your role or job title was.
Other may give more information, particualrly if they are specifcally asked by the new employer (some employers send a questionnaire for the refernece so it might expliictly ask bout any disciplinaries.

As Undervalued say, except for some specific reguated professions, there is no obligation for an employer to give a reference a all.

marmite1979

If what's in the reference is confidential how can you find what your previous employer put in one to a prospective employer?
Other than pretending to be a potential employer.

Undervalued

marmite1979 said:

If what's in the reference is confidential how can you find what your previous employer put in one to a prospective employer?
Other than pretending to be a potential employer.

It used to be by making a subject access request to the recipient (i.e the prospective employer). However it is a bit more complicated now as the reference enjoys some qualified privilege.

Still didn't tell what was said verbally or on less formal grapevines. 

classof_13

I was investigated at work, and all though I admitted some wrong doing no formal action was taken, can this be mentioned on a reference to my new employer?

DullGreyGuy

classof_13 said:

I was investigated at work, and all though I admitted some wrong doing no formal action was taken, can this be mentioned on a reference to my new employer?

As has been said above, anything can be put into a reference however if it's not factually true they could be sued for libel. If an ex-employer will risk litigation to provide a reference to another company which is of no benefit to them comes down to the companies own policies. Many large companies will say nothing other than dates of employment and job title on leaving. Smaller companies without the governance may write war and peace on how you were such a liability