can an employer give a bad reference, or can they only answer questions asked (in the uk) ?

Question

my partner has just been told by his employer that he is being asked to go and see occupational heath due to his number of sick days in the last 3 years !! he has had 3 months in total, all of which have been certified by a doctor and all for legitimate reasons. He has just returned to work after 3 weeks with pnuemonia !! his employer also asked that if he was looking for other employment that they would have to let the future employer know these details, is this correct ? also his employer said that this time he has had off over the last 3 years would effect his pay ?!? He is actually entitled to 6 months full pay and 6 months half pay per 12 calender month. It feels as if he is being bullied. Please can anyone advise as to what they think and what we should do . P.s. we live in the UK, and i know the law is different in the uk to the U.S.

Answer 1

You are obliged to go to occupational health, to reassure the employer that you were indeed , off sick .

This is no big deal, as you will see another Doctor and he,
will not dispute, what your Doctor, has diagnosed you with .

the employer may pass medical details, on to a new employer if asked .

.however being off sick ( certificated ,) is not a breach any employment contract .
Illness does happen and is not a fault .

With medical certificates ==he is due his entitlement ,
of full pay ,for 6 month and !/2 pay for the following 6 months .

Unless you are paid by the hour ( in which case you are only entitled to ,be paid for the hours you do (i believe )

Your employer ,does sound like a bully ,
and the fact that you want to leave , reflects this .

you should ask ;
the local Citizens Advice Dept, ( Yellow Pages )
,to help you with your problem,
They are up to date in employment laws ,
They will assist you to sort things out fairly .

However if you belong to a union ,;
The union representative, will get you legal advice free
and fight your case, if needs be .

I wish you and your partner, all the best for the future ..

>^,,^<

Answer 2

Last year I filed an unfair dismissal case against my former employer so I learned a lot about the law at the time. The employer is NOT allowed to voluntarily offer any information that they are not asked that could be construed as negative against the former employee. But if they do say something, it is very difficult to prove that they did. If the new employer decides not to hire you, chances are they aren't going to confess that it's something the other person said. If they do hire you, they might know why you were let go from the last job but just don't care.

The best thing to do (if he's looking for another job) is just to tell the people he's interviewing with that the process needs to be kept very confidential because if the current employer knows he's looking and doesn't get the job, it could mean big problems for his employment status. They usually only check references after they're very sure they want to hire the candidate. He needs to make it very clear that this particular reference should only be checked if they're offering something. If the offer is suddenly not on the table anymore, it's clear that the employer has said something negative then you can sue the pants off of them.

Answer 3

Its pretty much standard procedure to go and see occupational health after a lengthy absence from work. His employer doesn't have to let a future employer know but obviously would if an employee was consistantly off work for no good reason - unlike your partner who has been issued sick notes. I can't see any reason why his pay would be affected now because of this. Is there anyone further up you can take this up with in case of further dispute?

Good luck

Answer 4

A reference from a former employer must be true and must not be misleading.

Your partner's present employer has a right to find out whether he is likely to be able to work full time in the future. If he can't, he should be offered a contract that reflects his abilities. If it seems that his health problems are now behind him, he should be allowed to continue with his job although his absences may lead to a loss of seniority.

If your partner applies for another job, his new employer also has a right to know the chances of your partner being able to work in the future. If his medical history is disclosed and explained at the time of interview, the fact that it comes up again in his reference should not count against him.

Answer 5

Previous employers in the UK can no longer give a bad reference, they can however refuse to give a reference, which kind of says it all really.

Good luck !!

Answer 6

sounds like he is being bullied...dont let them, if your partner has been certified sick by a doctor then his employers cant do a thing about it including messing with his pay.If i were you id ask for all these thinly veilled threats in writing, bet they wont want to oblige!!

Answer 7

You're entitled to see a reference thats been written about you under the data protection act.

Answer 8

The former employer can answer any and all questions asked. He would not be able to slander though.

Answer 9

youre EX employer can and often will say what he thinks when approached by another employer...

Answer 10

does he work for local goverment ? if so he should be in a union..tell hi to get in touch with either unison or transport and general, they will advise him.