Admin phantom Posted October 7, 2021 Admin Report Share Posted October 7, 2021 Random question.... Can previous employers give detailed references legally now? A mate of mine started a new job a few weeks ago and he put his previous employer as a referee. His previous manager went on holiday a few days later for three weeks and never completed it Anyway today he was called in by his new manager and asked why he didn't use his previous manager as a reference. He explained that he had so his new boss phoned the old boss The old boss came out with false statements about him bullying staff (never had a complaint etc made) and said if he hadn't left they would have taken disciplinary action He was then called back into the office to talk about the call and sign the notes of the call He's worried now that he will fail his probation period Earlier this evening he was talking to a former colleague of his who said his previous boss has been making a number of false accusations about a number of staff that have recently left I always thought when I was asked for references in the past we could only provide dates worked? Quote Link to comment Share on other sites More sharing options...
Port Said Red Posted October 7, 2021 Report Share Posted October 7, 2021 Hi @phantom, sorry to hear about your friends predicament, I think his only recourse would be to demand the evidence that would have led to his disciplinary. Unfortunately it's always been a misunderstanding of the system that employers cannot give bad references, they cannot falsify them or they can choose to kot supply them, but they can say pretty much what they like as long as it is backed by evidence. As usual the gov.uk site is the best reference tool. https://www.gov.uk/work-reference#:~:text=If they give a reference,when the worker was employed 1 Quote Link to comment Share on other sites More sharing options...
Admin phantom Posted October 7, 2021 Author Admin Report Share Posted October 7, 2021 Thank you for your help @Port Said Red They are really worried about their new job and I've been trying to find information to help 1 Quote Link to comment Share on other sites More sharing options...
Port Said Red Posted October 7, 2021 Report Share Posted October 7, 2021 Just now, phantom said: Thank you for your help @Port Said Red They are really worried about their new job and I've been trying to find information to help My daughter (HRA) had a similar experience with a new employee where she works. Other people at the work place were shocked at the negative reference because they knew the person and nothing tallied. So she and the employee worked on a letter which gave the person a way of retracting their reference whilst making it clear that unless actual evidence could be supplied, (see the bad references section of the link) then legal advice would be sought. I think it went on the lines of "I realise that mistakes can be made due to covid staffing levels, so perhaps they might like to review their data" . Followed by "as these are serious allegations I would like to see the evidence so it can be defended, if necessary in a court of law or arbitration". It doesn't really matter if the scenario around the "mistake" is realistic, it's just gives them an opportunity to reconsider their actions. In the case of my daughters employee, a letter apologising for a case of mistaken identity was swiftly received. 1 Quote Link to comment Share on other sites More sharing options...
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