Can employers say on a reference about having a written warning?

Question

I've been unhappy in my recruitment job for a while and even though I've been successful in the past, I've had a written warning recently (2 weeks ago) for various reasons but the overwhelming theme is not following through on tasks, not taking care with files etc.

I've now landed a great new job and am worried as to what the new employer can ask in a reference? I'm also supposed to give 2 months notice as in my contract, but the new company want me asap!

Any advice welcome!

Answer 1

They can say anything that can be backed up, but unless you've really upset them, they are more likely to write something non-committal. However if the new employer asks the question directly, then they'll probably answer, and there's not much to be done about that.

If you've had better times, be open, and ask your employers to help you move on to somewhere where you will be happier, and they no longer have to manage an unhappy employee.

Answer 2

If the prospective employer asks "has K759Spark had any disciplinary action lodged against her..." or words to this effect, then your current employer must answer honestly. It is quite common now for organisations to submit questionnaires by way of gleaning info about potential candidates.

May be you would be better to tell the new company that you have been unhappy with your current job for quite some time, and that you have found it difficult to concentrate on certain tasks, which led to your supervisor giving you a formal warning, by way of "shaking" you up a bit.

Alternatively, if the warning was recent, you should have the right to appeal against the decision in it, and if you have not been given an opportunity to do this, then you could tell them that you feel aggrieved and ask if they will consider letting you go with 2 months lieu of notice. Under no circumstances mention the new job though, if you choose this option.

Good luck.

Answer 3

To be honest, companies do not wish to be threatened with legal action by giving a bad reference, so most companies will do a blanket reference

"so and so worked here from this date to that date as a manager"

Sometimes they will tell what your final salary is
Sometimes they will say that you resigned.

The way new employers get around this is to call the current/ old employer and ask questions. But this is fairly uncommon!

My advice is to put down the HR dept to provide the reference - therefore they will only provide the basic reference above

In regards to your notice - negotiate - it is in the interest of both parties to do the best handover possible and for you to leave the organisation

Answer 4

Unfortunately employment law now means your old employer has to be honest, ie you cant get a glowing ref if you are really useless. Having said that if you have impressed that much in the interview and they have already offered you the job just be honest with your new employer

as far as notice is concerned have you got any holiday left to take coz that could be set off against time left to do. Otherwise just ask if your old employer will release you early

Sorry cant be more helpful

Answer 5

The answers above are nonsense. (except GC)

Of course it's not illegal to write something that's bad in a reference. Its only illegal to write something bad if it's not true.

If they've given you a written warning it's true so they could mention it if they want. Although I don't see what they would gain by doing this. They'll probably be happier to give you a good reference and get rid of you.

However if the new employer asks specific questions like have you ever been given a written warning, then they must answer honestly.

Of course its also illegal for them to write good things about you if they're not true.

Answer 6

I wouldn't worry too much about references I have done CIPD HR training and the general consensus is that they are meaningless. For the following reasons:

If they want you to leave they are unlikely to do anything to prevent you from doing so.

If they give you a bad reference your prospective employer, especially if a competitor, may well think that they do not want you to leave.

Regarding your notice. It would be best to work out your notice or discuss its recission with your current employer. It is an agreed contractual term which they can seek compensation for.

Answer 7

first to your contract, your current employer can hold you to that if they wished, and make it difficult for you if you choose to break it, even by with holding the issue of your P45.

Most contracts exclude taking holiday in lieu of notice, but it is always worth discussing with your current employer. They may well want you to leave early if your work is so unacceptable.

That brings us to the reference.

If asked, an ex employer must answer correctly, or refuse to answer at all, either way is a damnation unless you are confident of a good reference(which is not your case)

Answer 8

No, they cannot mention that you have had a written warning. They can give you a written reference with just basics on for eg: that you did certain tasks well. Any manager that gives a horrible reference is mean!

Answer 9

They are not allowed to give a bad reference but they can refuse to give one at all. The way i would view this is that if i was employing someone whose ex employer refused to give a reference for i would be wary. Sorry

Answer 10

It is infact illegal for a previous employer to write ANYTHING negative on reference. They can either write something nice, or decline to provide you with a reference at all (though you would have had to do something pretty bad to warrant that..)

Good luck with the new job!