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PHOENIXUK
Original Poster
1,709 posts
71 months
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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??
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Chucklehead
988 posts
78 months
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Confirm employment dates and leave it at that
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BMWPam
85 posts
33 months
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No its illegal to give a negative reference...but i wonder if you can refuse to give one??
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bigandclever
6,406 posts
108 months
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It is not company policy to provide references. I can confirm Mr Knobby was employed here from 'date A' to 'date B'.
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davepoth
20,186 posts
69 months
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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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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.
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frosted
3,549 posts
47 months
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Mind boggles, isn't this stuff confidential?
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GreigM
4,171 posts
119 months
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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.
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GreigM
4,171 posts
119 months
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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.
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kieranbennett
195 posts
80 months
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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.
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SWoll
4,430 posts
128 months
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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.
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magpie215
1,928 posts
59 months
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How long was he employed with you?
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PHOENIXUK
Original Poster
1,709 posts
71 months
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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?
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hedgefinder
1,455 posts
40 months
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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..
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sunoco69
1,159 posts
35 months
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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.
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72EuropaTC
206 posts
77 months
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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.
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Pothole
18,291 posts
152 months
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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 f  k up his life? He has left you now, what you are advocating smacks of revenge. Just confirm dates and move on.
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burriana
15,904 posts
124 months
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PHOENIXUK said: ' he has left us in a hole. ahem  Or will the wage not cover my petrol even in comedy Citroen?
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Rude-boy
15,651 posts
103 months
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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.
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davethebunny
691 posts
45 months
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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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