Job references legal q

Nathan

Nathan

Nathan

Soldato
Joined
4 Feb 2003
Posts
5,375
Location
West Midlands
Guys, I'm looking for advice on behalf of my devestated brother. He was recently accepted for his dream job pending references and crb. He recieved a call this morning tell him he unfortuantly has had some unsatisfactory references.

He used a previous employer whereby they paid him off due to a number of issues. I suspect they have brought these up however bent the truth somewhat. Can we request a copy of the references under the data protection act?
 
If your brother strongly believes that what they put in the reference cost him the job and isnt true then he can press charges.

if it is true and hes trying to cover his own back then he should suck it up and move on. Its not every day an employer 'pays someone off' due to a 'number of issues' sounds like he didnt get on with his last job at all, it must have been bad.

Whenever I give out references for past employees I am generally as positive as I can be, even if I didnt like the person or thought they were lazy etc etc, my opinions on a person for a short space of time should not determine their fate in the workplace for the next 5+ years - But i do know that some employers love the power trip when it comes to references. :(
 
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My last employeer would not give a reference, they would simply confirm that your worked there. They feared the backlash of legal action. Giving a bad reference is a big no no imo!

To the CAB!
 
I understand the points made however we need to see exactly what was said. My brother would not have used them if thought he was at risk of being looked upon in a negative way. How can we see what was said?
 
Nathan said:
Guys, I'm looking for advice on behalf of my devestated brother. He was recently accepted for his dream job pending references and crb. He recieved a call this morning tell him he unfortuantly has had some unsatisfactory references.

He used a previous employer whereby they paid him off due to a number of issues. I suspect they have brought these up however bent the truth somewhat. Can we request a copy of the references under the data protection act?
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What were the terms of his being paid off? I would have thought that any agreement should have included that they could only give a good reference in the future.
 
That was one of the terms unfortuantly :( basically it was over a couple of arguments with the directors over health safety. Injuring himself due to lack of ppe etc.
 
Nathan said:
I understand the points made however we need to see exactly what was said. My brother would not have used them if thought he was at risk of being looked upon in a negative way. How can we see what was said?
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1) So he now knows not to use them in future. The whole thing sounds dodgy as anything, you dont get paid off to leave over a H+S issue, if it was that big of a problem he should have reported it and let them deal with it.
2) Yes you can request all the information they hold about you on their files under the DPA.
3) you need to use Google for the rest - I am not going to walk you step by step through the process which I fear is your next question.
 
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Nathan said:
That was one of the terms unfortuantly :( basically it was over a couple of arguments with the directors over health safety. Injuring himself due to lack of ppe etc.
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So the agreement on which he parted company from them, and under which they paid him off, stipulated that they had to give good references in the future? And he's got a signed document from them to that effect?

If that's the case, then they're in breach of contract. Fire up the solicitors.

Or do you mean that wasn't one of the terms? If it wasn't, who the hell drew up the agreement? Surely he should have had a solicitor helping him out with it, who should have insisted that term go in?
 
Nothing in writing I don't think, I have just asked him so bare with me on that. As far as I'm aware it was verbal. I/my brother just need to see what was said :(
 
Nathan said:
Request goes into which organisation though? The old one or the one he wanted to work for?
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What did the agreement with the old organisation say? Did it say anything about what references they would give in the future? That sounds like the key point. If what they said was true, then he has no case on the grounds of what is essentially defamation leading to loss of earnings. However, if the agreement said that they wouldn't give a bad reference, then they have violated that agreement and they are potentially legally culpable.

Nathan said:
Nothing in writing I don't think, I have just asked him so bare with me on that. As far as I'm aware it was verbal. I/my brother just need to see what was said :sad:
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I feel very sorry for your brother if that sort of agreement was made without him seeking legal advice at the time. It sounds like he got shafted.
 
Look not to sound rude (but im going to anyway) your brother needs to sort his **** out.
and it goes to his employers to be and whilst your at it do a FOI on his last employer and see what they really hold about his departure there. Thats the only way your gonna find out.
 
He was shafted, well and truley. At the time I went mad at my parents for basically agreeing with my brother over the deal. It was very poor. Basically 2 months payout, not to bad mouth the company and they would give
Him a positive reference
 
You need to make a subject access request to the company who received the references. There are probably some templates on the Information Commissioner's Office website somewhere. They are not obliged to comply with the request but they are more likely so to do than the issuer.
 
Giving a negative reference is illegal AFAIK. You can only decline to give a reference (which means the same thing obviously to a prospective employer, but spares the skeletons leaving the closet).
 
iamtheoneneo said:
and it goes to his employers to be and whilst your at it do a FOI on his last employer and see what they really hold about his departure there. Thats the only way your gonna find out.
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Freedom of Information Act only applies to public bodies, and even then I don't know whether it would apply to their employment records.
 
NathanE said:
Giving a negative reference is illegal AFAIK. You can only decline to give a reference (which means the same thing obviously to a prospective employer, but spares the skeletons leaving the closet).
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Correct. A company cannot give a negative reference but can refuse to give one which often amounts to the same to be hones.

In a previous position I was responsible for staff at 3 branches and was told by my board that under no circumstances was I to give a bad reference and if I felt that the member of staff was worthy of a bad reference I was not to give one at all.
 
Nathan said:
He was shafted, well and truley. At the time I went mad at my parents for basically agreeing with my brother over the deal. It was very poor. Basically 2 months payout, not to bad mouth the company and they would give
Him a positive reference
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That sounds like the start of a decent agreement, but I'm baffled that it wasn't put in writing. I'd suggest he approach a solicitor, but without a signed written agreement I imagine it would be very much an uphill struggle.

NathanE said:
Giving a negative reference is illegal AFAIK. You can only decline to give a reference (which means the same thing obviously to a prospective employer, but spares the skeletons leaving the closet).
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It's not at all illegal to give a bad reference. However, it can be seen as risky if you don't have evidence to back it up, and for that reason some employers hesitate to do so.
 
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