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Posted By: karenjon bad reference - 19th Jul 2010 3:39pm
can a boss give you a bad reference letter if you leave to go to better paid job .just coz he wants you to stay know someone whos been threatened with this even though he been there 5 years with no faults
Posted By: bert1 Re: bad reference - 19th Jul 2010 3:45pm
I've never heard of a law to say a boss has to give you any particular type of reference, if any at all. Would imagine if he does give one, it has to be truthful or you could see a solicitor and have him for something.
Posted By: Anonymous Re: bad reference - 19th Jul 2010 3:50pm
They can give a bad reference. However, they have to be fair, accurate, and a true representation. If not the employee can bring action for libel, discrimination or defamation of character.
If you bring action for one of these reasons you may get to see the reference, otherwise you probably won't. You can ask previous employers but they are not obliged to provide you with a copy
Posted By: karenjon Re: bad reference - 19th Jul 2010 3:56pm
think he will take action he going to same job with other company pro about another £8000 a year
Posted By: diggingdeeper Re: bad reference - 19th Jul 2010 3:59pm
I thought there was some obscure obligation that if someone is going to give you a bad reference they had to inform you of this.

I don't think there is a legal obligation to give a reference.

Strangely, under the data protection act you can't ask for a copy of the reference from the referee, but you can get one from the prospective new employer if they have kept a copy.
Posted By: karenjon Re: bad reference - 19th Jul 2010 4:07pm
he,s got no reason to give bad reference just got gob on coz he,s leaving it will be all lies
Posted By: phalinmegob Re: bad reference - 19th Jul 2010 5:43pm
i was told recently that they could not give a bad reference but could refuse to give one at all,which to a prospective employer is just as bad.
Posted By: diggingdeeper Re: bad reference - 19th Jul 2010 5:46pm
Originally Posted by karenjon
he,s got no reason to give bad reference just got gob on coz he,s leaving it will be all lies
In reality, most that say this bottle out and don't carry it through. It is an annoying and worrying gamble/risk though.
Posted By: Neil_c Re: bad reference - 19th Jul 2010 6:40pm
What you write down for an individual and what you say on the phone to somebody requesting a reference are two entirely different things.

It's up to you as a potential employee to decide who you put as referee, but most prospective employers like it to be your current or most recent employer; as to who that is in the organisation, well that's your decision.

I wouldn't stay in a job just because of some idle threat about a bad reference.
Posted By: SueHorn Re: bad reference - 19th Jul 2010 9:49pm
He can't do that it's illegal.
What most bosses do is when the person rings up to check the reference is say, "Well I will say he's a good timekeeper" or similar and nothing else, that way they soon get the picture.
I doubt he would dare carry out the threat as the employee would have a case against him for libel.
Posted By: PeteC Re: bad reference - 19th Jul 2010 10:17pm
This is what one website says: http://www.totaljobs.com/careers-advice/money-and-legal/references
Posted By: Neil_c Re: bad reference - 19th Jul 2010 10:37pm
It would be very naive to think that people won't talk, if that be in a formal reference capacity or not. Neverthelss, I'm not saying that in this particular instance there is anything to worry about.

If you work in a particular sector and go for another job locally, there is a fair chance that your old employer will be aware of the new.

There is no way that anyone is going to risk an employment tribunal by writing an untrue reference if there is no legal requirement to provide one in the first place. If you wanted rid of a bad employee, it's in your best interest to provide them with a good reference to make sure they get another job elsewhere.

Since evidence for recording calls can only be used when the caller is notified that the recording is taking place, who knows what was said on the phone, at some private business meeting or behind closed doors.
Posted By: karenjon Re: bad reference - 20th Jul 2010 11:58am
thanks will pass on total jobs site
Posted By: Softy_Southerner Re: bad reference - 20th Jul 2010 6:37pm
Originally Posted by phalinmegob
i was told recently that they could not give a bad reference but could refuse to give one at all,which to a prospective employer is just as bad.


That was my understanding also
Posted By: diggingdeeper Re: bad reference - 20th Jul 2010 7:23pm
References are a stupid tradition, if you think of all the outcomes and possibilities of a reference - how many are meaningful to a new employer? - very few, if anything they can be very misleading.
Posted By: Neil_c Re: bad reference - 20th Jul 2010 8:58pm
I've taken people on with glowing references and shit loads of qualifications. In all honesty, it doesn't really make that much of a difference. I had one guy with almost every Microsoft qualification under the sun but he was absolutely useless at working with people and was dishonest with his timekeeping. Needless to say he lasted about 4 weeks before I let him go.

What seems to matter is the positions that an individual has had and the length of service with particular organisations. Interviews can mean a lot too.

Probationary periods are useful as unless the person has existing or transferable service, you can terminate if things don't work out.
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