Rank: Super forum user
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Can anyone tell me whether it is true that an ex-employer can't give a bad reference they can only refuse to give a reference?
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Rank: Super forum user
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Claire, I work in HR so I know a little about references. Increasingly, most employers are only giving 'factual' references along the lines of "Fred worked for us from this date to that date, and had x days sickness in the last 2 years", avoiding opinion, good or bad so that they aren't subsequently challenged on their opinions at an ET etc. I don't think that it's 'illegal' to give a 'bad' reference if it is factual (i.e. it may say that you had 260 days sickness last year, which to some may be 'bad' but may also be factual) but I reckon it's often what the reference doesn't say rather than does say that may be the issue. Not sure if that helps? Mostly references are these days short and factual.
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Rank: Super forum user
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hmmm...the problem stems from a potentially vindictive ex-employer who just sees all ex-employees as the enemy (childish I know!). They sent me a quite spiteful email a while back. I don't quite know how to handle the situation as I may be needing references soon and I don't know how they'll be.
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Rank: Super forum user
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Clairel,
I totally agree with with Phil. That is the advice that I was always given in relation to references. Not nice but the reality that exists today.
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Rank: Super forum user
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The easiest way round this is to write in a reference "you will be lucky to get this person to work for you".
;-)
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Rank: Super forum user
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walker wrote:The easiest way round this is to write in a reference "you will be lucky to get this person to work for you".
;-)
I'm confused. Have you read the posts? I'm the person that will need a reference from an ex-employer who has the potential to give a nasty reference - even though I don't deserve it, they just don't like ex-employers, they feel slighted by the fact that anyone would want to stop working for them :-(
I have spoken to the potential future employer and it sounds like I'm just going to have to take my chances, they're aware that there is there is the potential for problems (don't know if I did the right thing warning them or not).
Interestingly they said that the employer cannot refuse to give a reference.
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Rank: Super forum user
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oops, that should read 'they don't like ex-employees'
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Rank: Super forum user
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For many years now, written references have tended to be a little stinted to avoid challenge but there are ways and means of expressing oneself to give a future employer a hint at what lies beneath.
Any sensible employer will follow up written references with a phone call. This provides an opportunity to get some flesh on the bones, though this too is often couched in slightly guarded terms just in case it is quoted in a tribunal. Nonetheless, much more 'real' information can be given.
I have done it many times over many years and from each end, so both giving and receiving references. Those phone calls tend to be the most helpful and are often warmly received to get the information that sometimes cannot be written down.
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Rank: Super forum user
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Clairel wrote:walker wrote:The easiest way round this is to write in a reference "you will be lucky to get this person to work for you".
;-)
I'm confused. Have you read the posts? I'm the person that will need a reference from an ex-employer who has the potential to give a nasty reference - even though I don't deserve it, they just don't like ex-employers, they feel slighted by the fact that anyone would want to stop working for them :-(
I have spoken to the potential future employer and it sounds like I'm just going to have to take my chances, they're aware that there is there is the potential for problems (don't know if I did the right thing warning them or not).
Interestingly they said that the employer cannot refuse to give a reference.
Sorry I confused you - I was replying to Ciaran - I suppose i should have quoted.
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Rank: Super forum user
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Rank: Super forum user
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While you were working for the nasty company did you have appraisals ?, were they full of glowing stuff about you ?. If so ask for copies, they are legally obliged to provide you copies of any information they have about you ( in fact ask for the lot as you may have to pay an admin fee). You could then show that to a new employer as evidence you were an exemplary employee, despite what any reference may or may not say. Assuming you were of course.
Just a thought
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Rank: Super forum user
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Chris - No appraisals sadly. I didn't do anything wrong but no one gets everything right in their job and it's easy to maniuplate the truth into something negative if someone wants to. I thought Ii had left the company on good terms but then when I contacted them at a later date they were really nasty to me. Hence the alarm bells. Apparently they are like this with all ex-employees.
Decided to have a chat with prospective employer and make them aware of the situation. They're understanding about it and seem prepared to take me at face value so fingers crossed it should all be ok regardless.
Very stressful all this though. You work hard to get past the interviews and presentations etc but then have to run the lottery of ex-employers with a grudge :-(
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Rank: Super forum user
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Can you get an ex-colleague from Nasty Co. to write a note confirming that they do this?
Or even get them to do a personal ref for you?
I once worked for a japanese company who take "loyalty" very personally. So I asked the sales manager (he was soon to retire) to write me a reference.
Ironically the Japanese director (my line manager) that I had waged a 5 year war with, offered (unasked) to write me a personal reference and it was quite gushing - took me by complete surprise.
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Rank: Forum user
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Hi,
My personal experience is that telling the prospective employer about a possible issue with a former employer usually goes against you, it’s a buyer's market they can pick and choose and if there is the slightest smidgen of doubt they choose someone else. Do you have to use this employer as a reference, if its your last employer I guess you can’t avoid it, but could you use another senior manager at this site to provide a fair reference. If you’re really desperate you could also miss this employer out of your CV completely and cover the period with your consultancy work, I know the advice is never to do this but its sometimes the only way forward, alternatively go back to college/research that'll give you an academic ref.
Good luck
Steve
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Rank: Super forum user
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Walker and Steve - thanks for the response but I assume that you didn't read my last post. I did speak to my potential employer and they want me badly enough to ignore the problem (I'd have to have been sacked for gross misconduct for it to affect them but I wasn't so that's ok).
It was my last full time employer and so I had to give them as a reference, I wasn't allowed to skip over it. I know I took a gamble by being honest with my potential future employer but I had been honest with them throughout the selection process and so I felt honesty was the best policy in this case. And it was. Hopefully that bodes well for them being a decent employer.
My symapthies for anyone who is also suffering the curse of the ex-employer. It's really stressful and unfair. You do your job well but then get made to look like an incompetent just because they took offence to you leaving their employment.
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Rank: Guest
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Claire
It appears that a fair amount of the stress you refer to arises from your own thinking.
Relevant facts are
1. All selection involves some risk, for both employer and candidate
2. In an organisation employing even moderately modern processes of assessment, management will be aware that the validity of even the most accurate of references is amongst the lowest of the tools of assessment
3. At the worst, if an organisation were to make a decision to reject you, based simply on a biased reference, you might well be avoiding exposing yourself to uncontro
lled risks of mismanagment you have little scope for finding out about in advance.
4. While what you refer to as a 'bad' reference has not, to my knowledge, any formal legal status, there are precedents where a former employee has successfully claimed for damages where a former employer's reference contained false statements which directly resulted in loss of a later job.
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Rank: Super forum user
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Well I guess I'm human Kieran. There is precious little work where I live and I had worked hard to do so well in a lengthy selection process. It's easy to stand on the sidelines and say the stress is of your own making but when it's your own situation it's easy to become stressed.
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Rank: Forum user
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Hola Clairel; feel your anguish here. Fact is that when you express and intent to depart, some employers do get all bent out of shape for the reasons that you outlined. The higher up the food chain you are, the more palatable that becomes, all those Corporate secrets going with you to the new employer. Fact is, they can't give you a bad Reference for no reason and if they do, they must be prepared to accept the consequence of their actions, a robust action brought against them by you would be an obvious and justifiable reaction. Most Companies now have strict guidelines written in Policy & Procedure regarding References, entirely to comply with laws on discrimination and to protect the Company from expensive civil actions.
Not that this will assist your current predicament, this outlines my course of actions in prevention:- Always insist on an annual appraisal, make a diary entry so that it is not overlooked, remind your Line Manager that it is due, if they cannot provide a template Form, choose one yourself, there are many out there. A letter of valediction is not an unreasonable request, and you can levy that at any individual who has/had supervisory/management position for you. This all works in tandem with keeping your CVG fully up to speed.
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