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PHOENIXUK

Original Poster:

1,709 posts

71 months

[news] 
Monday 6th August 2012 quote quote all
A memeber of staff recently gave us notice to leave, they are not the greatest of staff, always out for himself and never a giver so not to bothered to see the back of him but due to the 'holiday time of year' he has left us in a hole. Just received a 'private and confidential' letter/questionaire from a local council asking for an employer reference, I want to answer the questions honestly some positive but mostly negative, are you actually allowed to be negative these days??

Chucklehead

988 posts

78 months

[news] 
Monday 6th August 2012 quote quote all
Confirm employment dates and leave it at that

BMWPam

85 posts

33 months

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Monday 6th August 2012 quote quote all
No its illegal to give a negative reference...but i wonder if you can refuse to give one??

bigandclever

6,406 posts

108 months

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Monday 6th August 2012 quote quote all
It is not company policy to provide references. I can confirm Mr Knobby was employed here from 'date A' to 'date B'.

davepoth

20,186 posts

69 months

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Monday 6th August 2012 quote quote all
BMWPam said:
No its illegal to give a negative reference...but i wonder if you can refuse to give one??
Probably not. Just go with the employment dates and refuse to give anything else. Chances are that this person would be the type to want some "compo" if they ever got wind of it.
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GreigM

4,171 posts

119 months

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Monday 6th August 2012 quote quote all
Many companies these days will refuse to offer any "opinion" in a reference, just factual information regarding job title, start and end dates of employment - it the smart way to go. Opinions can see you in court.

frosted

3,549 posts

47 months

[news] 
Monday 6th August 2012 quote quote all
Mind boggles, isn't this stuff confidential?

GreigM

4,171 posts

119 months

[news] 
Monday 6th August 2012 quote quote all
frosted said:
Mind boggles, isn't this stuff confidential?
No, Data Protection Act says that if the prospective employee requests to see a reference supplied to the prospective employer, then the prospective employer must provide it.

So basically, no - its not confidential.

GreigM

4,171 posts

119 months

[news] 
Monday 6th August 2012 quote quote all
davepoth said:
BMWPam said:
No its illegal to give a negative reference...but i wonder if you can refuse to give one??
Probably not. Just go with the employment dates and refuse to give anything else. Chances are that this person would be the type to want some "compo" if they ever got wind of it.
Of course you can refuse to give one - there's no obligation on an employer to provide a reference.

As for illegal to give a negative reference - no, not illegal...Ill advised yes, but not illegal.

kieranbennett

195 posts

80 months

[news] 
Monday 6th August 2012 quote quote all
BMWPam said:
No it’s illegal to give a negative reference...but i wonder if you can refuse to give one??
It’s not illegal to give a negative reference. But you can be sued if you give a negative opinion on someone (slander I believe)

You can state any negative facts you wish, but be aware that if challenged you could be required to show evidence of the fact.

A previous MD managed to steal £500K from a company I used to work for. He was prosecuted and did jail time. Unbelievably we received a request for a reference once he was released. Our chairman took great pleasure in providing all the facts of the case against him.

SWoll

4,430 posts

128 months

[news] 
Monday 6th August 2012 quote quote all
bigandclever said:
It is not company policy to provide references. I can confirm Mr Knobby was employed here from 'date A' to 'date B'.
This.

magpie215

1,928 posts

59 months

[news] 
Monday 6th August 2012 quote quote all
How long was he employed with you?

PHOENIXUK

Original Poster:

1,709 posts

71 months

[news] 
Monday 6th August 2012 quote quote all
magpie215 said:
How long was he employed with you?
18 months.

Thanks for replys pretty much knew the answer, heyho employer beware...

BUT, one question asks, based on our knowledge now would we re-employ, can anyone see any issue with stating our opinion to that?

hedgefinder

1,455 posts

40 months

[news] 
Monday 6th August 2012 quote quote all
i know one company director who gives bad references to anyone who leaves his company - his opinion was that if they didnt want to work for him they shouldnt work for any of his competitors..

sunoco69

1,159 posts

35 months

[news] 
Monday 6th August 2012 quote quote all
hedgefinder said:
i know one company director who gives bad references to anyone who leaves his company - his opinion was that if they didnt want to work for him they shouldnt work for any of his competitors..
Well he is a complete arse then. Has he always run that company? Never worked anywhere else himself? So mate but he really sounds like the type of arrogant idiot that I utterly despise.

72EuropaTC

206 posts

77 months

[news] 
Monday 6th August 2012 quote quote all
As others have said, simply reply that it is policy to provide references as:

name
position held
start & leaving dates
salary at leaving (if requested)

TBH that's about as much as a lot of companies are willing to provide these days.

If you're nervous about follow-up, then get HR to send it.

Pothole

18,291 posts

152 months

[news] 
Monday 6th August 2012 quote quote all
PHOENIXUK said:
magpie215 said:
How long was he employed with you?
18 months.

Thanks for replys pretty much knew the answer, heyho employer beware...

BUT, one question asks, based on our knowledge now would we re-employ, can anyone see any issue with stating our opinion to that?
Why do you want to fk up his life? He has left you now, what you are advocating smacks of revenge. Just confirm dates and move on.

burriana

15,904 posts

124 months

[news] 
Monday 6th August 2012 quote quote all
PHOENIXUK said:
' he has left us in a hole.
ahem smile Or will the wage not cover my petrol even in comedy Citroen?

Rude-boy

15,651 posts

103 months

[news] 
Monday 6th August 2012 quote quote all
Confirm dates and move on.

I have known people who wish to expand pick up the telephone as well.

there is a phrase "Never put in writing what only ever need be said."

Beware though, your words could still come back to haunt you so if you take this route, make sure you can still back up what you say with hard facts if ever required to do so.

davethebunny

691 posts

45 months

[news] 
Monday 6th August 2012 quote quote all
Rude-boy said:
Confirm dates and move on.

I have known people who wish to expand pick up the telephone as well.

there is a phrase "Never put in writing what only ever need be said."

Beware though, your words could still come back to haunt you so if you take this route, make sure you can still back up what you say with hard facts if ever required to do so.
Good advice

However:

PHOENIXUK said:
A memeber of staff recently gave us notice to leave, they are not the greatest of staff, always out for himself and never a giver so not to bothered to see the back of him but due to the 'holiday time of year' he has left us in a hole. Just received a 'private and confidential' letter/questionaire from a local council asking for an employer reference, I want to answer the questions honestly some positive but mostly negative, are you actually allowed to be negative these days??
Not worth the agro, just stick to dates of employment, and job title. No need to do anything else
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