| Employee Reference 14:20 - Jun 4 with 2693 views | BlueBlueBluex2 |
Can I refuse to provide a reference for an employee if I don't really have anything positive to say, or can be truthful.
One of my team has left for a job in Brum @ 50k because of the qualifications he has on paper but in reality is hopeless. He is very slow, has no real world idea of what he is actually doing and needs constant handholding.
Shall I just say "yes he worked here between x and y and let them deduce from that what they want? |  | | |  |
| Employee Reference on 14:22 - Jun 4 with 2664 views | pointofblue |
I think legally that’s all you can do - references cannot be negative in nature but by omission future prospective employers can piece together what you think about the employee. So you can just confirm his employment dates and say nothing else. | |
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| Employee Reference on 14:23 - Jun 4 with 2629 views | Sparky85 |
| Employee Reference on 14:22 - Jun 4 by pointofblue |
I think legally that’s all you can do - references cannot be negative in nature but by omission future prospective employers can piece together what you think about the employee. So you can just confirm his employment dates and say nothing else. |
This is correct. On the record you cannot give a negative reference. Just confirm dates of employment and there is normally a question of 'would you re-employ'. If you say no, that will tell the newco everything they need to know. | | | |
| Employee Reference on 14:26 - Jun 4 with 2581 views | BlueBlueBluex2 |
| Employee Reference on 14:23 - Jun 4 by Sparky85 |
This is correct. On the record you cannot give a negative reference. Just confirm dates of employment and there is normally a question of 'would you re-employ'. If you say no, that will tell the newco everything they need to know. |
Ah ok, thanks chaps. First one Ive done, so I need to tread carefully. | | | |
| Employee Reference on 14:32 - Jun 4 with 2518 views | Steve_M |
I think your obligation is pretty much your last paragraph, job held and dates.
I suppose you could always add 'Good Luck' at the end but probably best avoided. |  |
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| Employee Reference on 14:39 - Jun 4 with 2459 views | catch74 |
‘Despite what many people think, employment law in most countries does not actually prevent employers from giving a 'bad' reference. As explained by UK employment advice service ACAS, references must simply “be a fair reflection and accurate”. ... There is no legal obligation to give a reference.’
As others have said - best to just give dates worked and leave it at that. |  |
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| Employee Reference on 14:43 - Jun 4 with 2428 views | chicoazul |
| Employee Reference on 14:23 - Jun 4 by Sparky85 |
This is correct. On the record you cannot give a negative reference. Just confirm dates of employment and there is normally a question of 'would you re-employ'. If you say no, that will tell the newco everything they need to know. |
This is NOT correct.
What you cannot do is give an untrue reference. You are perfectly entitled to give a negative one as long as you can back it up for eg, if an employee was sacked due to gross misconduct at work and an investigation was carried out in the correct way, recorded etc. |  |
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| Employee Reference on 14:43 - Jun 4 with 2422 views | Keno |
| Employee Reference on 14:26 - Jun 4 by BlueBlueBluex2 |
Ah ok, thanks chaps. First one Ive done, so I need to tread carefully. |
If you have a solicitor you use out might be worth just checking with their employment guy, just to het their take on what you can and shouldn't say
Wheres Bully when you need him!! |  |
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| Employee Reference on 14:45 - Jun 4 with 2400 views | clive_baker |
I would send the request to HR if you have one. Keep it factual, take any emotion out of it. Start date, end date, job title, salary etc. |  |
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| Employee Reference on 14:46 - Jun 4 with 2389 views | Cheltenham_Blue |
| Employee Reference on 14:43 - Jun 4 by Keno |
If you have a solicitor you use out might be worth just checking with their employment guy, just to het their take on what you can and shouldn't say
Wheres Bully when you need him!! |
Yes! For Christ's sake, don't take any of our advice, it won't hold up in court and we'll deny all knowledge anyway.
Phil - Delete this post in 3 days. |  |
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| Employee Reference on 14:50 - Jun 4 with 2331 views | Fixed_It |
| Employee Reference on 14:43 - Jun 4 by Keno |
If you have a solicitor you use out might be worth just checking with their employment guy, just to het their take on what you can and shouldn't say
Wheres Bully when you need him!! |
Bully was last seen under a pile of rubble and a pizza oven... |  |
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| Employee Reference on 14:57 - Jun 4 with 2279 views | factual_blue |
Put that. Nothing more or less. It's factually correct, and you're views are just an opinion. Ex-employees have been known to take legal action.
My last employer, however, would let the cat out of the bag if somebody were resigning ahead of disciplinary action that would have led to their dismissal. HR would say 'at the time of their resignation X was subject to an internal disciplinary process for a gross misconduct.' Factually correct, and so no comeback on the organisation. |  |
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| Employee Reference on 15:14 - Jun 4 with 2172 views | marchy |
Sounds like his only crime is not being much good at his job, and sounds like it's a relief that he's out of your hair. Yet you'd like to put the boot in in a way that could jeopardise his new job...? | | | |
| Employee Reference on 15:30 - Jun 4 with 2120 views | BlueBlueBluex2 |
| Employee Reference on 15:14 - Jun 4 by marchy |
Sounds like his only crime is not being much good at his job, and sounds like it's a relief that he's out of your hair. Yet you'd like to put the boot in in a way that could jeopardise his new job...? |
It might read that way sure, but I know he wont make the three month probation and then the new employer has to start the whole process of recruitment again and I know what a ball ache that can be. | | | |
| Employee Reference on 15:43 - Jun 4 with 2060 views | marchy |
| Employee Reference on 15:30 - Jun 4 by BlueBlueBluex2 |
It might read that way sure, but I know he wont make the three month probation and then the new employer has to start the whole process of recruitment again and I know what a ball ache that can be. |
I'd venture it'll be rather more ballache for him to find another new job. Seems rather kinder to let him have a fair crack at it. | | | |
| Employee Reference on 15:51 - Jun 4 with 2014 views | ipswich78 |
| Employee Reference on 15:43 - Jun 4 by marchy |
I'd venture it'll be rather more ballache for him to find another new job. Seems rather kinder to let him have a fair crack at it. |
I'm with you on this, a new company might reinvigorate him. I've seen it before, people can thrive in a different environment, sometimes it's down to bad management... If he's that bad, why is he still employed by the current company?
Let him move on, have a fresh start and your interest is ended. |  |
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| Employee Reference on 15:52 - Jun 4 with 2005 views | ElephantintheRoom |
The whole point of the referee system is an honest assessment of their capabilities.
bit worrying if you are an employer and dont seem to understand the basics of employing someone. | |
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| Employee Reference on 15:52 - Jun 4 with 1999 views | bazza |
If he was that bad, just say yea he is great, well
Worth the £50k you’ve offered, And be happy to have him off the books.. will teach them
For offering £50k when it turns out he’s useless 😂 |  | | |
| Employee Reference on 15:55 - Jun 4 with 1969 views | Ewan_Oozami |
This thread could be an allegory for ITFC recently.... |  |
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| Employee Reference on 15:58 - Jun 4 with 1940 views | Herbivore |
I think the issue is that "very slow" and "has no real world idea" come across as being rather subjective. It's fine to offer an honest appraisal of someone's performance but you have to be as objective as possible and offer evidence to support your appraisal. I've had to give bad references before and have never had any issues but I made sure I could evidence my appraisal. |  |
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| Employee Reference on 16:10 - Jun 4 with 1858 views | The_Flashing_Smile |
| Employee Reference on 15:51 - Jun 4 by ipswich78 |
I'm with you on this, a new company might reinvigorate him. I've seen it before, people can thrive in a different environment, sometimes it's down to bad management... If he's that bad, why is he still employed by the current company?
Let him move on, have a fresh start and your interest is ended. |
Indeed. Once he gets away from that horrible boss who spends all day on TWTD he might have a new lease of life.
Only joking BBBx2 |  |
| Trust the process. Trust Phil. |
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| Employee Reference on 16:22 - Jun 4 with 1819 views | IpswichKnight |
As others have said the simplest and best solution if your writing it yourself is to say they worked at our business from x until y. If you do have an HR department get them to do it. | | | |
| Employee Reference on 17:04 - Jun 4 with 1744 views | factual_blue |
| Employee Reference on 15:30 - Jun 4 by BlueBlueBluex2 |
It might read that way sure, but I know he wont make the three month probation and then the new employer has to start the whole process of recruitment again and I know what a ball ache that can be. |
..but if you diss him, they don't offer him the job, and you're stuck with him... | |
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