References

[NeilB]

I've just received a letter from a company asking for a reference for an ex colleague of mine.

The person in question wasn't what I would call the model employee, with continuous problems with lateness, productivity, attendance along with the final nail in the coffin been that they ended up been dismissed for theft of goods.

I would not recommend them for the position that they have applied for, but how is the best way to word this to the new employer in order to warn them of what they are like without any comeback on myself?

[m4ttm4son]

Just put the letter in the bin?

[Tipex]

It's illegal to write a bad reference, so your only option is to write back saying you would like to decline to give a reference.

This will tell them all they need to know!

Or as above, file it.

[Scotty]

You could just confirm the start and end dates of their employment and say that's all you're allowed to do.

[Mook]

You don't actually need to say that's all you're allowed to do. Just write back, confirming that "I can confirm that Jo Bloggs worked for ABC Ltd between x and y".

[Drinks]

As above, all that's required is a confirmation that they worked at your company between whatever dates.

[malagus]

As tipex says, you can't give a bad reference, however you must also ensure that everything in the reference is true, especially as the DPA means the employee can request to see the reference. As above, best thing is just to confirm that they were employed between X and Y and what job role they did and leave it at that. Keeps you out of any trouble and tells anyone with a brain what the score is.

[saab]

It's a complete myth that you cannot give a bad reference. This is broadly how the law works:

1) There is no duty in law for an employer to give a reference on behalf of a former employee;

2) BUT if an employer chooses to give a reference it must be accurate and not misleading, either in the positive or negative

3) So, an employer can be liable in law for damages on a negligent reference eg if employer says to new employer that the employee is rubbish, and they are actually good, and because of that the employee doesn't get the job, then the employer can bring a claim in negligence against the old employer.

4) Consequently, it works the other way too, so if the employee is rubbish, and the old employer says to new employer the employee is actually good, and they get the job, then the new employer can have a claim against the old employer in negligence too. A negligent ommission e.g a reference that says nothing, ie an ommission that the employee is bad, can also mean the same thing.

[malagus]

If you do put negative things on a reference though, you must be sure they are accurate and procedurally correct. I think it was harris vs TSB bank where the bank had given a reference citing numerous complaints against Harris, which had not been correctly dealt with and upheld, and I believe the tribunal found in harris' favour, because she had not been given the chance to challenge the complaints (in fact I don't think she even knew about them).