Disciplinaries & job references

Ditzy_Mitzy

Undervalued said:

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.

That's true, however an employee who has been subject to disciplinary procedures isn't, perhaps, one who an employer is going to be desperate to keep.  A bad reference may scupper the employer's chance of losing said individual, ergo there is a perverse incentive to give good references to 'difficult' workers.  I've always thought this is a paradox within the referencing system.

Undervalued

Ditzy_Mitzy said:

Undervalued said:

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.

That's true, however an employee who has been subject to disciplinary procedures isn't, perhaps, one who an employer is going to be desperate to keep.  A bad reference may scupper the employer's chance of losing said individual, ergo there is a perverse incentive to give good references to 'difficult' workers.  I've always thought this is a paradox within the referencing system.

That is sometime true.

In giving a reference, the employer owes an equal duty to both the employee and the prospective employer to be honest. Although it doesn't happen often, either party would have a legal claim against the current employer if they suffer a detriment as a result of false or deliberately misleading information in a reference.

techwatcher

That's true, however an employee who has been subject to disciplinary procedures isn't, perhaps, one who an employer is going to be desperate to keep.  A bad reference may scupper the employer's chance of losing said individual, ergo there is a perverse incentive to give good references to 'difficult' workers.  I've always thought this is a paradox within the referencing system.

Very true and this happens more often than one might think. A good reference can help make the 'difficult' employee somebody else's problem.