Reference problem

[aclivity]

I left my last company as a result of a compromise agreement in July 2004, prior to which I worked there for just over 9 years. I am currently in the process of getting a contract sorted for a new role with a government agency, and they require references from my last 2 employers. As my immediate boss, and most of my colleagues, have left in the last 7 years, I called the HR department and asked for contact details for getting a reference, and they referred me to the payroll department in Swansea. The payroll department then responded to my prospective employer saying that they had no record of my employment with them.

This has caused my prospective employer some concern, and they have not sent my contract out to me - leaving me in a very precarious position. I spoke to the payroll contact in Swansea, who told me that because of the merger with another company some 4 or 5 years ago, they do not have access to my details, and it would take a little time to get access to an old system and confirm my details.

Is there a legal requirement for them to provide a reference, even after such a long time? My new employer is refusing to send out a contract / offer until they have this reference, despite having 2 other references back already. This is leaving me in a very precarious situation as I am leaving my current employer next Wednesday (taking redundancy) and was hoping not to have any break of service / feckless workshy benefits scrounging.

[Broomsticklady]

I just finished work with a compromise agreement and the last page was a proforma of the reference they would give me if anyone asks - might be worth checking to see if you have anything similar.

[edc]

In answer to the question there is no obligation to provide a reference.

Do you have any other contacts within the business who could assist?

[singlecoil]

Do they just need proof that you worked there (in which case your tax records should help) or do they need the "honest, hard-working and reliable" thing?

[Keep it stiff]

I suggest you speak with your potential new employer and ask them if they can consider any alternative source as a reference. It is after all quite a few years since you left the employer you refer to, changes happen, people change, businesses fold, it can't be entirely unusual for circumstances to arise that prevent the obtaining of old references and I can't believe that your prospective employer would act with prejudice in such matters, and not least if they are public sector.

[aclivity]

I've managed to hassle an old colleague who is still there to escalate it within HR; I think the new employer was just seeing it as a concern because choosing not to give a reference is about the only sanction a company can have? Hopefully it's sorted now, but I was surprised that they wanted my previous employer as a reference, particularly as it was so long ago!

[davepoth]

edc said:

In answer to the question there is no obligation to provide a reference.

Unless it was a part of the compromise agreement.