Can your ex or current employer give you a bad /poor reference?

  • Thread starter Thread starter Helen S
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Helen S

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I'm asking this because of a question on the careers section the other day where the best answer was actually wrong. Any employer can give a bad/poor reference for a current or ex employee. The reference has got to be truthful and factual with all the necessary documentation to back it up. As an employer you are leaving yourself wide open to legal action if you fail to give an accurate one.
Wow, too few of you really are up with the law. You CAN give a bad reference as long as it is factual and not just your opinion. How would you regard a thief ? Would you decline a reference or tell the truth. You cannot judge, you must give the facts. People who consistently have time off work, again you give the information - not an opinion. Most businesses have forms requesting the information they actually want and a good personnel officer fills that in correctly, factually.
Skidoo - i was a personnel director for 30 years until i retired last year - i know personnel law inside out and there are many, many employer/employment manuals you can use to check this out.
well, you might say that - you can say all of that again! I'm horrified at how little people actually know and just assume that what they think is right without checking! I had one person very upset with me when i sacked him for theft and gave him the reference he deserved! He was actually stealing from fellow employees pockets and handbags!
Obanpussy, thanks, just trying to be helpful - stirred a few up though! Bet one character, a regular on here will get off this site soon and get some paid work done! NOT YOU! xx
 
You are right. Except that there is a clause in any application I ever filled out that relieves any former employer from liability. If you're unemployed, then how will you afford a lawyer to file suit anyway? Employers know this, and take full advantage of you every way they can.
 
If someone is a bad employee then their employer is entitled to give a bad reference or no reference at all. Most references will ask whether you would employ this individual again if they apply for work and this is the most telling section.
 
Unless there is documentation of anything an employer says to a future employer, the person they discuss can sue the former employer if they prove they didn't get the job because of what was said. Most employers will just say no comment and leave it for the future employer to figure out. We live in a lawsuit happy world and detriment of character is a serious charge for a company to have to deal with, most just don't say anything if it's negative.
 
they can but they risk being sued if they cannot back up their claim. Nowadays employers prefer to.... refuse to provide a reference and the new employer will take that as....'bad references'
 
don't know where you are but according to the UK law,
choc-love is correct.
in the absence of a good reference, the ex-/present employer can refuse to give any reference at all,
which usually does speak for its self.
better to get a good reference than none at all.
 
Its fifty fifty situation and not just rest with the employer alone for everything ! A loyal and honest working employee gets the good reference and the opposite gets the opposite in 95 %, but for the 5% the employee knows not to have it either he didn't do well with the company or knows the employer is a arrogant and idiot and can only give the wrong, so he would just avoid it!
 
You cannot give a bad reference by law in the UK, if you give a reference it has to be good but you can decline giving a reference which speaks for itself
 
An employer can state the number of days of an employee has had but cannot make any comment on that.

The worst reference an employer can give would simply state the dates that the employee worked and give no positive comments. The employer is not allowed - by law - to make any negative comments.
 
Of course they can. Iftey think you ween't a very good employee, they're perfectly within their rights to say so.
It's like lying on your CV or job application, if your prospective employer finds out about it, it's a sackable offence, and possibly even fraud.
 
Some employers regard 5 days sick leave per year as excessive and some don't . Your employer maybe an egotistical bully (such as dave s). Many employers are quite fair but there are some real bastards out there.
 
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