can a company give a bad reference?

[sassyk]

Hi fellow pros

I am new to this wonderful site and wondered if you could help?

Can a company give a bad reference?

I applied for a job recently and the potential employer decide to take a reference from an employer from my CV and not waited till I supplied her with the names of my recommended references.

I was told the reference received was unsatisfactory and in respect of that disciplinary action was to be taken!

Also I have not signed a contract with this employer and I only started as a casual worker 4 weeks ago

is this behaviour from the reference supplier legal and the action from the new employer legal?

 

[ABDiva]

Hi fellow pros

I am new to this wonderful site and wondered if you could help?

Can a company give a bad reference?

I applied for a job recently and the potential employer decide to take a reference from an employer from my CV and not waited till I supplied her with the names of my recommended references.

I was told the reference received was unsatisfactory and in respect of that disciplinary action was to be taken!

Also I have not signed a contract with this employer and I only started as a casual worker 4 weeks ago

is this behaviour from the reference supplier legal and the action from the new employer legal?

No they can only refuse, thats very strange

 

[Mrs Geek]

Hi fellow pros

I am new to this wonderful site and wondered if you could help?

Can a company give a bad reference?

I applied for a job recently and the potential employer decide to take a reference from an employer from my CV and not waited till I supplied her with the names of my recommended references.

I was told the reference received was unsatisfactory and in respect of that disciplinary action was to be taken!

Also I have not signed a contract with this employer and I only started as a casual worker 4 weeks ago

is this behaviour from the reference supplier legal and the action from the new employer legal?

Hi SassyK - as far as I am aware, an ex employer can't be totally negative in a reference, however IF the new person who was to employ you, called your previous employer and you had done certain things that would involve a disciplinary action, then they can be truthful in answering questions about your behavior - does that help?

 

[chocolatepickle]

Hi fellow pros

I am new to this wonderful site and wondered if you could help?

Can a company give a bad reference?

I applied for a job recently and the potential employer decide to take a reference from an employer from my CV and not waited till I supplied her with the names of my recommended references.

I was told the reference received was unsatisfactory and in respect of that disciplinary action was to be taken!

Also I have not signed a contract with this employer and I only started as a casual worker 4 weeks ago

is this behaviour from the reference supplier legal and the action from the new employer legal?

So your getting disciplinary action at your new employment as a result of something the referee has said to your new employer?

Was there anything misleading or untruthful in your CV?
Or a reason you were not happy to give this employer as a referee?
Without wanting to sound nosey but if there is something specific your new employer has asked you and your ex employer and it has come out that you have not been clear I can understand this, if an ex employer were to be asked I dont think they would be expected to lie.
Also, even if they cant give an outright bad reference, they can give a far from 'glowing reference' which would be an indication.

 

[AcidPerm]

Sorry to hear that you are experiencing problems with your new employer.

Have you read the reference and do you accept that it contains accurate information about your previous employment?
If not, seek advice.
You could speak to your local Law Centre, Citizens Advice etc.

1. Generally, under English law, you are entitled to see any references from former employers. If there is anything in it that is factually incorrect you should raise this with them. Perhaps the reference contained a genuine error?

If it was written knowing some of the information to be false you should consider seeking legal advice. An employer cannot simply bad mouth you just because they didn't like you. If inaccurate or unsubstantiated, you could potentially sue for defamation of character etc. After all, this is directly affecting your new job and possibly future employment prospects.

2. Not sure how your new employer can take disciplinary action against you regarding a reference.

If someone lies or at an interview or on their application form concerning their experience or education etc. they could be sacked immediately on being found out but disciplinary action is something quite different in employment law terms.

In any event of disciplinary action, they must show you the evidence against you and give you an opportunity to defend yourself.

I do urge you to seek further advice.

Best of luck.