Is it illegal to give a bad employee reference letter with no just cause or evidence to back it up?

Question

For the sake of clarity, im the one who has the bad reference not the one who intends to give one. Ive found out that the law doesnt offer much protection and if any of us is given a bad reference when we are innocent and wish to take it to court we are not entitled to any financial aid to do so. How many people will fight it in court when the havent got a job because of the reference but are expected to pay for the right regardless? The only good news is that we could accuse them of 'negligent mis-statement if they have nothing in writing to back up their allegations. They cannot mention anything about mental health and they need to show that they have tackled us for any allegation regarding poor performance etc. Under the Data Protection Act we have no right to demand a copy of a reference from the previous employer but we can ask to see the prospective new employers copy though they have an obligation to protect any third party information if consent is not given by the same.

Answer 1

yes you aren't allowed to give a bad reference

Answer 2

This Site Might Help You.

RE:
Is it illegal to give a bad employee reference letter with no just cause or evidence to back it up?

Answer 3

As an employer you are not allowed to give a bad reference to a potential employer. If you have bad things to say just refuse it. Even better, just state that in your company it is company policy that the only reference you'll give on any employee (good or bad) is to confirm that the employee worked at your place from (date) to (date) and the job title. Nothing else. That way you cannot go wrong. The employee can't sue you for saying bad things about him/her and the new organisation can't sue you for giving false statements on somebody. Just stay on the fence, that way you cover your bum and don't stir the sh1t for anybody. If, however, you are really p1ssed off with the employee then just refuse it point blank.

Answer 4

If this happens in the UK, then yes. Anybody who makes a statement in a reference which is untrue can find themselves taken to an employment tribunal.

An employer making a false statement can be taken to court either by the organisation who finds their comments favourable then finds out they "lied" to get rid of the employee. Or, the employee can sue the employer for making a false statement (especially if it is derogatory and loses them the job offer).

Answer 5

Yes it is, however there are ways of getting round it.

An employer may refuse point blank to give a reference, which, of course, will set off alarm bells.

Or they can be a bit creative in the way they phrase things eg "MR XXXX has frequent absences, especially at the start of the week" - which could be translated as "Phones up sick on Monday, due to a hangover "

Answer 6

As far as I am aware, it is not actually illegal but you could end up being sued by the BAD employee.

You can REFUSE to give a reference - which will speak volumes in itself.

Of if you receive a request asking specific questions such as "was he/she a good time keeper?" and they were not, I would not lie!

So, best not risk getting sued and just refuse - that is definitely NOT illegal.

Answer 7

It isn't illegal to give a bad reference. Don't lie. Don't accuse someone of something like stealing unless you have evidence. You are allowed to say things such as so and so had a poor work ethic or bad attitude. Be ready to explain yourself to the caller. Remember, they are asking for your opinion of the employee.

Answer 8

Yes it is. You can not give a bad reference. But on the other hand, if your current emplyer sends a work ability questionaire then then can give a bad one. for example the question might read "How would you rate the emplyees performance" possible answers would good poor excellent or bad. something along those lines.

Answer 9

I'd suggest you contact ACAS. They offer an arbitration service to resolve issues between employees and employers. Their service is free and could prevent you getting into costly legal battles before you know the full implications of your actions. Hope this helps.

Answer 10

i dont know if it is illegal, but it is very bad practise.
If you don not want to give reference you can refuse rather than give a bad one. Why would you be so mean spirited to give a bad reference with no reason ?

Answer 11

There are certainly civil laws to protect people against malicious and/or false allegations. I think this is akin to defamation and slander laws.