I got a job (admin at a local council) and due to medical issues (a visual problem made worse by their working practices) was RUBBISH. I ended up having loads of time off (signed off by the Dr) and eventually left having failed my probation period.
I got another job and they asked my old employer for a reference, however they never replied, even after repeated attempts.
Now where do I stand legally on this as it seems (as I write this) that my old employer iis refusing to give me the reference?
I have been told that I am classed as having a disability AND and covered by the disability discrimination act 1995.
2007-11-27 09:30:57 · 13 answers · asked by David 5 in Politics & Government ➔ Law & Ethics
Its illegal for a company to give out a bad reference. The only thing they can do is that if they were asked to supply a reference, then they could just say that you worked for the company between these dates, and no further info.
That is not illegal.
2007-11-27 09:36:27 · answer #1 · answered by ? 7 · 1⤊ 0⤋
why do you need a reference ?
i don't think that anyone really expects to talk to a reference. Most companies only supply the dates you are employed. I don't call references really , as I know if someone provides one , they are going to be sure the reference is good / or their freind.lol. It's not a valid source of information. If someone has a written letter of reference from their former manager, that is great. I will sometimes read those. I still don't place a lot of value on that.
i do not think that you can do anything if they don't return a phone call to provide a reference. What have they really done ? It would be one thing if they gave you a poor reference. Then you could demonstrate you did not get a new job as a result of the poor reference. Not answering ... is what I would expect in most cases.
2007-11-27 09:48:59 · answer #2 · answered by Mildred S 6 · 0⤊ 0⤋
Your old employer is not giving you a bad reference , just not giving you one at all. There is no obligation of any sort to give a reference.
By the sound of it I wouldn't want to employ you either!
Not giving a reference to a person that did not match up to the job cannot be classed as discrimination. If your disability means you cannot do the job then you cannot do the job, end of story.
2007-11-27 10:06:10 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Having a disability doesn't automatically give you a right to a good reference. Your previous employer has every legal right to refuse to give you a reference.
Seek an alternative solution - like a reference from another past employer or someone that has known you for a very long time.
2007-11-27 10:46:41 · answer #4 · answered by Leu 4 · 0⤊ 0⤋
Your employer is not obliged to give you a reference, unless, your employment history is one where you would work in the financial services authority. However, refusal could lead to potential discrimination as you have already mentioned. I would like to say, you need to take advice from an employment specialist or solicitor before you do anything further, as you haven't mentioned whether or not you are formally registered disabled. This is a very tricky area. Good luck.
2007-11-27 19:49:58 · answer #5 · answered by DJJD 6 · 0⤊ 0⤋
An employer is not obliged to provide a reference for an employee.
What should be included in a Reference?
* Length of service and position held.
* Competence on the job.
* Honesty.
* Time-keeping.
* Reasons for leaving.
* Any other comments pertaining to the employee such as any lengthy period of absence.
* Any other remarks of a more personal nature.
But and there is always a but, if you have be classed as having a disability then you should seek professional legal advice
2007-11-27 09:45:00 · answer #6 · answered by Leo 7 · 0⤊ 0⤋
Whether you can force an employer to give you a reference is a debatable point. However take it from me it would not be in your interest to push for one. What is it going to say that is going to do you again good? If your new employer was eventually to get a reference that would be drawn up by a lawyer and would say nothing at all would that impress them!
2007-11-27 09:48:15 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I'd say it's more likely you're being told that the reason you didn't get the job was because of lack of references...
Most likely the reference they got was that you were disabled and didn't make it through your probationary period...
However... if they told you that was the reason... I'm fairly certain you'd be looking to litigate... so... you got the excuse you did...
Have fun trying deal with a disability lawyer that only has one person's best interest at heart... his own... most likely they'll string you along giving you a false sense of hope... then just stop taking your calls...
2007-11-27 09:41:27 · answer #8 · answered by jlohlinger 3 · 0⤊ 0⤋
There is no obligation to give a reference. Your old employer probably felt that they couldn't judge you properly as the probation period wasn't completed.
2007-11-27 09:38:33 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I hate references... It is so much hassle and I can't get a reference anywhere... I think the best solution is to find a way to fabricate them, e.g. getting a friend to vouch for you and say that he employed you etc... but I have not figured out a practical way of doing this... yet...
2007-11-27 09:37:36 · answer #10 · answered by Beast from the East 4 · 0⤊ 0⤋