My friend has been given a bad reference from a previous job, is he entitled to take legal action against it regardless of whether he does or does not get the job?
2006-11-01 05:53:17 · 12 answers · asked by madame_beecham 1 in Politics & Government ➔ Law & Ethics
Not if the reference is true. That's the whole point of checking someone's references. If the information they gave was false, check out the UK slander/libel laws.
2006-11-01 05:55:41 · answer #1 · answered by Phoenix, Wise Guru 7 · 1⤊ 0⤋
It's not illegal, just ill-advised. Your friend does not have any legal recourse unless the reference is factually incorrect, and even if it isn't correct he might be better off chalking it up to experience and not using that employer for a reference again, as any legal costs would far outweigh the small gains he would make.
Most employers just refuse to give a reference if they cannot give a good one. Large employers do not give good or bad references these days, they will merely confirm the dates an employee has worked for them.
A note on the above post: past employers *can* say bad things about you if they are true! However, they would be pushing things a bit far by using terms such as 'unreliable' or 'untrustworthy' without citing specific examples.
2006-11-01 13:58:39 · answer #2 · answered by satyricon_uk 3 · 3⤊ 0⤋
I thought it was illegal to give a bad reference. A friend of mine was doing a degree in employment law or was studying it as part of a law degree and I am positive that I read that it was illegal. If the previous employer does not want to give a good reference they should refuse to give oe instead. However, on researching I came across this paragraph:
If the reference is wrong and inaccurate, you (or, indeed, your new employer) can sue for 'negligent misstatement' via a court procedure. Alternatively, if you think there is an element of discrimination involved, you can bring your former employer to an employment tribunal.
2006-11-01 15:43:35 · answer #3 · answered by willowbee 4 · 0⤊ 0⤋
As the law stands a former employer CANNOT give a bad reference - they can either decline to give a reference or give basic information as to timekeeping, attendance and sickness etc.
Worse scenario is if a former employer declines a reference - the prospective new employer can deduce that the employee was a waste of space in his last job.
2006-11-01 14:05:30 · answer #4 · answered by Phlodgeybodge 5 · 0⤊ 1⤋
What would be the point of having a work reference if they by law all had to be good?
2006-11-01 13:56:30 · answer #5 · answered by scarlettt_ohara 6 · 2⤊ 0⤋
If the reference is not a true reflection of your friend's performance, ie: all lies. Then they could sue as this would be libellous, see a solicitor. But if the stuff they have written is true then they can not do anything.
2006-11-01 13:59:41 · answer #6 · answered by Anonymous · 0⤊ 0⤋
no, not if he deserved a bad reference. best plan is to only ever get references from people who like you! I would have thought that was common sense...
2006-11-01 14:01:00 · answer #7 · answered by kevin m 2 · 1⤊ 0⤋
Oh yes it is. But you can still look like you're giving a reference yet it looks weak therefore would be a bad one. Employers and their language !
2006-11-01 14:03:49 · answer #8 · answered by better late than never 2 · 0⤊ 1⤋
the reference can be as bad as anything as long as it is true.
it is illegal to give an untrue reference
2006-11-01 14:06:16 · answer #9 · answered by Anonymous · 1⤊ 0⤋
yes it is illegal you can refuse to give a reference but you can not give a bad one
2006-11-01 14:00:56 · answer #10 · answered by thfcdaza 2 · 0⤊ 1⤋