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User avatar
By Sacrificial Pawn
#3654524
As above really, is it allowed?!

I've recently left a company who massively got the hump and decided they'd withhold expenses and accrued holiday, based on me not signing in on site.

I had, just at the front desk of the Tesco stores and not with the Builder's (as I wasn't there for the Main Contractor Works).

I have to wonder how they got copies of signing in books (legal document under the data protection act).

Anyway, applied for an Airside pass with the client we're working for at Heathrow and they've sent back a damning reference basically saying I'm dishonest. Which has put a spanner in the works. Now, I'm pretty sure this is considered libel as they proved nothing, the letter stating their reasons was found to have more holes than a colander by a solicitor and as above, I thought they had to decline rather than give a bad reference.

I'm absolutely f*cking fuming, as are my employer's as they've not only dirtied my reputation but the company's with this client.
User avatar
By MDRacing
#3654525
I believe it is illegal to give a negative reference. If they don't feel you are a good employee then all they can do is simply confirm you worked there but not give any positive (or negative) comments. Am sure someone with legal knowledge will be able to clarify.
User avatar
By algreene
#3654528
They cannot give a bad reference. I would be ringing up the HR there and giving them threats of legal action now.
User avatar
By Sedge
#3654567
If this is what it's like after you leave; they must have been ar**holes to work for!
Sacrificial Pawn wrote:Solicitor engaged.
Nice one. Go for the jugular.
User avatar
By Sacrificial Pawn
#3654569
They were, hence I left. :lol:

Little bitches obviously had their noses put out of joint enough to get personal. Mistake as now my new employer are involved...and they're bigger fish.
User avatar
By yella
#3654589
mcdonalds are taking the local fish and chip shop to the cleaners?
User avatar
By Sacrificial Pawn
#3654591
yella wrote:mcdonalds are taking the local fish and chip shop to the cleaners?
That's not a bad analogy.
User avatar
By FrankSayonara
#3655654
References can be good, bad or indifferent- so long as they are true and accurate.
You can sue for negligent misstatement, but the onus is on you to prove their account is inaccurate, not for them to prove it is accurate. You would also have to prove that their account has, or could potentially have, a detrimental effect on your current or future employment- which in this case it clearly has.
User avatar
By Omni
#3655659
Nobody on CTRO has ever had a bad reference up until now, because we're all at the top of our game and the most valuable employees our companies have ever had. Bad reference would only be to try and prevent us leaving because we're so valuable :salut:
User avatar
By algreene
#3655660
FrankSayonara wrote:References can be good, bad or indifferent- so long as they are true and accurate.
You can sue for negligent misstatement, but the onus is on you to prove their account is inaccurate, not for them to prove it is accurate. You would also have to prove that their account has, or could potentially have, a detrimental effect on your current or future employment- which in this case it clearly has.
No, you are not allowed to give a bad reference. Please show me otherwise..
User avatar
By FrankSayonara
#3655664
algreene wrote:
FrankSayonara wrote:References can be good, bad or indifferent- so long as they are true and accurate.
You can sue for negligent misstatement, but the onus is on you to prove their account is inaccurate, not for them to prove it is accurate. You would also have to prove that their account has, or could potentially have, a detrimental effect on your current or future employment- which in this case it clearly has.
No, you are not allowed to give a bad reference. Please show me otherwise..
Many, many websites out there, for example http://www.lawdonut.co.uk/law/employmen ... references.
If you give a reference, you have a duty to take reasonable care to ensure it is true, accurate and fair and that it is not misleading – a duty that is owed to both the employee and to the new employer.

So if you provide a bad reference that you can’t substantiate, you run the risk of your employee suing you for damages if he didn’t get the job, or suffered some other financial loss, because of it. In a worst case scenario, he could even bring an action against you for defamation or discrimination
Government website https://www.gov.uk/work-reference
If the worker thinks they’ve been given an unfair or misleading reference, they may be able to claim damages in a court. The previous employer must be able to back up the reference - eg, by supplying examples of warning letters.
There are many more out there if you're interested.
User avatar
By Sacrificial Pawn
#3655676
Omni wrote:Nobody on CTRO has ever had a bad reference up until now, because we're all at the top of our game and the most valuable employees our companies have ever had. Bad reference would only be to try and prevent us leaving because we're so valuable :salut:
Amen Brother. :salut:
User avatar
By bondyboy
#3655694
FrankSayonara wrote:
algreene wrote:
FrankSayonara wrote:References can be good, bad or indifferent- so long as they are true and accurate.
You can sue for negligent misstatement, but the onus is on you to prove their account is inaccurate, not for them to prove it is accurate. You would also have to prove that their account has, or could potentially have, a detrimental effect on your current or future employment- which in this case it clearly has.
No, you are not allowed to give a bad reference. Please show me otherwise..
Many, many websites out there, for example http://www.lawdonut.co.uk/law/employmen ... references.
If you give a reference, you have a duty to take reasonable care to ensure it is true, accurate and fair and that it is not misleading – a duty that is owed to both the employee and to the new employer.

So if you provide a bad reference that you can’t substantiate, you run the risk of your employee suing you for damages if he didn’t get the job, or suffered some other financial loss, because of it. In a worst case scenario, he could even bring an action against you for defamation or discrimination
Government website https://www.gov.uk/work-reference
If the worker thinks they’ve been given an unfair or misleading reference, they may be able to claim damages in a court. The previous employer must be able to back up the reference - eg, by supplying examples of warning letters.
There are many more out there if you're interested.
That's why everyone gives good or average references, too much effort and risk to give a bad one
User avatar
By 1tonne
#3655730
It is entirely legal to give a poor reference. But it must be true and accurate, with evidence available if requested.

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