References - do I have to give one?

wnb

wnb

wnb

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As an empoyer do I have to give references?

I have been asked to give an x employee to a references and I will not do it. I can't go into it as what happened is confidential. I have been told that I have to by law so I called up Business link for advice and they confirmed that I do have to give a reference.

However I looked at http://www.direct.gov.uk/en/Employment/Employees/Startinganewjob/DG_10026703 and they say I dont have to so who is right? My disgruntled x employee and Business Link or Directgov?
 
No you can just give no reference its basically as bad as getting a really bad reference.

I think the law is you can't slate them for anything as it will come under slander and a bit of problem proving who is right.

KaHn
 
you don't have to, the only rule is you can't lie. You can give them a terrible refference provided everything is true and backed by evidence if necessary!
 
Why don't you just give information such as "This person worked here from DATE to DATE, salary if they ask and nothing more" That's what most companies do anyway as nobody has the time to give proper references anymore.
 
No you dont, but you DO have to say something like ' I cannot give this man a reference'
now then, these nasty little things often go legal, so once I did a reference saying about his dates, times of work, supposed duties, actual duties, very carefully worded and accurate. The other end rang up, laughed, and thanked me.
 
I don't think you can be prosecuted as such for not giving one.

Always dificult if the referrence is going to be bad as they can be shown to the x employee. Provided you can evidence everything you put you should be ok.

If you simply are not willing to give a referrence it might be advisable to contact the person requesting telling them such and if you can why not and if you can't or don't want to tell them (you mentioned confidential reasons) which i'd say is acceptable or it may perhaps be personal reasons.

Most employers are pretty good aty reading between lines
 
Can't lie and you will drop yourself in the doo doo if you say anything bad about him/her... but you can DEFINITELY refuse to give a reference at all, which says more than a bad reference ever would... ;) .
 
I thought the minimum you could give was just stating that they worked there and the dates.

My job has only just asked for references 18 months in lol

MW
 
I was under the impression references aren't mandatory?

It's upto the employer if they want to give one surely? If not then the hiring company can contact previous 'reference' employers and ask why a reference was refused?

you never know, the x employee may be fishing for slanderish references? Only to claim off them for slander from their employers? :p ;)
 
Having read this thread and many others there is always the same replys...

You don't have to give one
You can't give a bad one
You can't lie

My advice is go by the Gov website, if you don't want give one and the site says you don't have to then you shouldn't feel you have to just because of what some business link or your ex employee says.
 
KaHn said:
No you can just give no reference its basically as bad as getting a really bad reference.

I think the law is you can't slate them for anything as it will come under slander and a bit of problem proving who is right.

KaHn
Click to expand...
Not quite. He is under no legal obligation to provide a reference. However, if he does, he cannot be defamatory.

However, you need to be careful, as refusing to supply a reference if the employee was involved (or to be involved) in a discrimination case, can be seen as victimisation, and can lead to a civil case. Obviously we don't know the circumstances so that may not apply.
 
Felix Da Housecat said:
Having read this thread and many others there is always the same replys...

You don't have to give one
You can't give a bad one
You can't lie

My advice is go by the Gov website, if you don't want give one and the site says you don't have to then you shouldn't feel you have to just because of what some business link or your ex employee says.
Click to expand...

Indeed!!!

If they kick up a fuss, say 'well I went by what the direct.gov website says?'....You would think that was reliable information? :p
 
Isn't it illegal to give a bad reference (as an employer to a previous employee) - I think you can only give a good reference or refuse to give a reference...
 
You wouldn't you be able to give a bad reference if you're being truthful?
Why would an employee nominate a bad referee?
 
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