Giving an employee reference questiuon..
Giving an employee reference questiuon..
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Discussion

PHOENIXUK

Original Poster:

2,200 posts

222 months

Monday 6th August 2012
quotequote 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

2,847 posts

229 months

Monday 6th August 2012
quotequote all
Confirm employment dates and leave it at that

BMWPam

85 posts

184 months

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

bigandclever

14,179 posts

259 months

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

davepoth

29,395 posts

220 months

Monday 6th August 2012
quotequote 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.

GreigM

6,740 posts

270 months

Monday 6th August 2012
quotequote 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

198 months

Monday 6th August 2012
quotequote all
Mind boggles, isn't this stuff confidential?

GreigM

6,740 posts

270 months

Monday 6th August 2012
quotequote 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

6,740 posts

270 months

Monday 6th August 2012
quotequote 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

306 posts

231 months

Monday 6th August 2012
quotequote 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

21,599 posts

279 months

Monday 6th August 2012
quotequote 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

4,867 posts

210 months

Monday 6th August 2012
quotequote all
How long was he employed with you?

PHOENIXUK

Original Poster:

2,200 posts

222 months

Monday 6th August 2012
quotequote 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

3,418 posts

191 months

Monday 6th August 2012
quotequote 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

5,274 posts

186 months

Monday 6th August 2012
quotequote 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

207 posts

228 months

Monday 6th August 2012
quotequote 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

34,367 posts

303 months

Monday 6th August 2012
quotequote 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

16,556 posts

275 months

Monday 6th August 2012
quotequote 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

22,227 posts

254 months

Monday 6th August 2012
quotequote 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

740 posts

196 months

Monday 6th August 2012
quotequote 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