Do you see a point to this law?

Question

Apparently former employers aren't allowed to write you a bad reference, but you're not allowed to see the reference that they wrote - at least that's what my agency told me- so like, who's gonna report them if it's bad, surely they'll just pass on to the next CV?

Answer 1

In the UK, it's a common misunderstanding that an employer is not allowed to make a bad reference. There is no such law, but there is one that states that the reference must be true and fair, this means that an employer can say that you were often late for work, but only if they can back it up with clock cards or similar.

As there is no real benefit to the employer of providing a full reference, pretty much all employers give the minimum required info, so they don't have to worry about any comeback, or proof of the statement.

The employer doesn't have to disclose a reference as references are explicitly mentioned in the data protection act as exempt. The best bet for getting a reference is to ask a prospective employer that has turned you down. Again, they don't have to give you the reference, but they are allowed to without consent from your old employer unless it was marked as confidential, and may be more willing to give you it.

Apart from all the legal stuff though, I agree that all this leads to references being pretty useless!

Answer 2

It all depends on where you are -

In a few states, there is a law that specifies what employers can/cannot say about previous employees. In most states it is not against the law - but it may be against company policy. I don't pretend to know what the laws are in other countries.

Sadly it has evolved to this in an effort for businesses to try and protect themselves from the previous employees. There have been lawsuits because the company gave TRUTHFUL but less than favorable information. It didn't take too long for employers to figure out it was safer to just not say anything that was not legally required in their location. So because a few people were lawsuit happy - the rest of us get to live with the consequences.

Also remember it may be the AGENCY'S policy to not show you the reference, rather than an actual law.

All of this points out the need for job hunters to provide their own references - and there are lots of ways to do this. Do NOT use family & friends as a personal reference - those are generally held against you. Mr Employer thinks - "You must be a really bad worker if the only people you can get to say something nice about you are your friends or family."

Answer 3

I agree this law is messed up. They are only suppose to say when you started, and when you stopped working there. I think they might be able to say they would hire this person back, but I am not sure. They are not really suppose to say anything negative about the former employee. If they do, you could try to sue them, but it might not do any good. But some employers do not know this--so if you feel you got a bad reference, check with someone who you applied with who did not give you the job. Some people will tell you what the former employer said--if you get lucky.

I hired someone at a place where I worked a long time ago. I went ahead and dug for answers. Unfortunately, I was told that this person was a good worker, they would hire her again and that she had a good attendance record (none of which was true)..

Answer 4

Your agency is incorrect. Under data protection act, you can ask for all the information that a company holds on you including references from previous employers.

Regarding writing a bad reference, you can give a reference that reflects the person who worked with you while they were with you. However, if you provide a reference that results in the person not getting the job, the could sue you and most employers shy away from giving "bad" references to avoid getting sued. Bear in mind that when employers are giving references, some of the items could be their own opinions which could be "tainted".

Answer 5

It is true that a previous employer is not allowed to make a negative statement about you in a reference - they can only refuse a reference or give a neutral one (which is why one chooses one's referees carefully, if one can!)

Although one isn't normally permitted to see the references people have written about you, if you suspected that you had an unjustifiably poor reference and that that damaged your chances of getting a job, your agency would probably be able to find out informally for you and if you were thinking of taking a previous employer to court for defamation of character, your solicitor would certainly be able to obtain copies of references.

Actually, under the Data Protection Act (in the UK), one is entitled to view all relevant information that an employer (or, indeed, anyone) holds on you, so once you have a job, you could insist on seeing your file. I am not sure whether that extends to having copies of references made for you to keep.

Answer 6

Most companies aren't willing to be totally honest in their appraisal of former employees (particularly bad employees) due to the liability risk. It's not worth it. Smart companies can give a less than glowing report and it's up to the receiver to read between the lines. I am not aware of any law that actually forbides you to see what the reference says. And certainly there is none that states a company can't give a bad reference.

Answer 7

Yeah, I know! Apparently bosses have a secret language and the terser the reference, the worse it means you are so if you get 'work satisfactory' as a reference, it's the equivalent of saying you ran amok in the office with an axe. I don't get next months new age discrimination law either. Surely if they see your CV and it goes back to 1978 it obviously means you're well into your forties as well!

Answer 8

That is quite correct as well as unfair. I don't see why we shouldn't be allowed to see what an employer has to say about us. I would also add that i once heard a matron answer a phone call from a prospective employer asking about one of my colleagues. She told him "I'm not allowed to give a bad refertence but i would not recommend employing thjis person". Now! My colleague was just as good as i was but ... Had argued with matron a couple of times resulting in matron making sure she wouldn't get any other job!

This smacks of discrimination to me, not fogetting human rights act states we are allowed to find out what in our doctor's notes, hosiptal notes, judiciary records etc. So why not employers???

Answer 9

Thats right, its against the law to give a bad reference, you can only give a good one or none at all, its crazy I know as the whole point of a reference is to give your opinions of the person who worked for you

Answer 10

it is the corporate way. don't use certain references even if you have to lie, put down the real jobs and experience you have, but when it comes to putting down #'s use a good friends or family member. you are selling yourself, get the job,be creative. you must know that they break labor laws all the time, so you bend the rule some too. don't ever lie about background check though,and if you can, put down names of former jobs, of people who you've talked too before hand...