Employer contacting old employer not for reference

[teaboy2]

Re: Employer contacting old employer not for reference

OK heres what to do:

1 - Speak to you current employer and find out exactly what allegations have been made against you.

2 - If the allegations are false write a formal letter to your current employer making it clear that the allegations are false and that if they wish to take the disciplinary route over such false allegations then remind them the onus is on them to prove the allegations are true - Cheltenham Borough Council v Laird [2009] EWHC 1253 HC - Or face a tribunal claim as a result of whatever their decision at the outcome of such dicisplinary procedure is, should they take such disciplinary action.

3 - Also write a formal letter before action to your ex girlfriends dad outlining the FALSE allegations he made against you, and that if he does not contact your employer and retract his false allegations then you will issue court proceedings for libel/slander and the detriment caused as a result of his action whilst reminding him that in court the onus of prove is on him to prove his allegations are true. Allow him 14 days to respond and retract his false allegations.


Off course if the allegations are true (though am not saying they are as clearly i do not know what the allegations are) then, you will have to face the allegations via disciplinary. But the the first phase of a disciplinary is, in fact, investigative. A lot of people do not realise this, and immediately fear the worse as a result. Though the point of the investigation stage of disciplinary is to purely get the facts and question you about the the allegations to get your side of the story prior to deciding whether to continue disciplinary procedure or to drop it all together.

[teaboy2]

Re: Employer contacting old employer not for reference

No but it can be requested from the present employer.

A reference should only include your employment stats. Length of employment Duties, Sickness, Time Keeping etc There should be nothing which describes your suitability for employment such as 'good bad worker' etc

Partly incorrect - a previous employer whilst giving a reference can and is obligated to give a truthful account of a former employers work performance and abilities.

They can not say "oh he could do the job alright but he was a pain in the arse to have working for us" etc. But they can say that "yes he can do the job but only to an adequate standard compared to others working for us".

Whether it is good or bad is defined on how it is worded, as clearly thay can not say anything that is out right negative against the person directly but they can give a truthful account of what to expect as a result, from the persons work.

You are correct about the employment stats though - such as lengh of employment, duties, sickness (limited to days/periods of sick) and time keeping etc

[righty]

Re: Employer contacting old employer not for reference

Partly incorrect - a previous employer whilst giving a reference can and is obligated to give a truthful account of a former employers work performance and abilities.

They can not say "oh he could do the job alright but he was a pain in the arse to have working for us" etc. But they can say that "yes he can do the job but only to an adequate standard compared to others working for us".

Whether it is good or bad is defined on how it is worded, as clearly thay can not say anything that is out right negative against the person directly but they can give a truthful account of what to expect as a result, from the persons work.

You are correct about the employment stats though - such as lengh of employment, duties, sickness (limited to days/periods of sick) and time keeping etc

The problem with your suggestions & why I disagree, is that any negative comment is subjective & unknown to the data subject therefore not permissible

[labman]

Re: Employer contacting old employer not for reference

any negative comment is subjective

That's a massive statement. I actually believe that it is possible to make objective negative statements.

With most references I've been involved in, and there've been an awful lot of of those, it's usually a case of not what is written, but what is not.

[righty]

Re: Employer contacting old employer not for reference

That's a massive statement. I actually believe that it is possible to make objective negative statements.

With most references I've been involved in, and there've been an awful lot of of those, it's usually a case of not what is written, but what is not.

It IS a massive statement because any criticism IS subjective if the subject has had no input
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The only way the previous employer could protect themselves from litigation is if the employees faults had been raised with him/her at a previous appraisal
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I would also point out that very recently a previous employer after having given a good reference gave a 2nd bad telephone reference causing that employee to be sacked from his new job. He than sued & was awarded substantial damages

[labman]

Re: Employer contacting old employer not for reference

It IS a massive statement because any criticism IS subjective if the subject has had no input

That is a very different statement, and I'd agree with you now!:tinysmile_grin_t:

I actually enjoy writing references, but I'm always amazed how long they take.

[charitynjw]

Re: Employer contacting old employer not for reference

No but it can be requested from the present employer.

A reference should only include your employment stats. Length of employment Duties, Sickness, Time Keeping etc There should be nothing which describes your suitability for employment such as 'good bad worker' etc

It can be requested from the previous employer, & it is considered reasonable to do so if the Data Subject is aware of an appraisal of their work record.
However, it is discretionary.
A request to the existing employer is fully covered within the Data Protection Act

[teaboy2]

Re: Employer contacting old employer not for reference

It IS a massive statement because any criticism IS subjective if the subject has had no input
------------------------------- merged -------------------------------
The only way the previous employer could protect themselves from litigation is if the employees faults had been raised with him/her at a previous appraisal
------------------------------- merged -------------------------------
I would also point out that very recently a previous employer after having given a good reference gave a 2nd bad telephone reference causing that employee to be sacked from his new job. He than sued & was awarded substantial damages

Actually i disagree, a former employer in the case you referred to, clearly made an untrue (libellous) statement that cost the employee his/her job with his/her new employee, and he/she quite rightly sued. But you can make negative comments so long as they are true and based on the employees actual work whilst an employee of said employer.

Therefore it is not subjective, as subjective would mean the reference would be based on personal opinion and not on actual work and ability shown by the employee. Therefore as the employees work and abilities are taken into account when making such references, then the employee has, in fact, had input themselves through the work they did whilst employed by said employer therefore any negative comments are not subjective but based on the employees actual ability, and work performance as well as the quality of their work.

There is no law that prevents a negative comment so long as it is true, the belief by the general public that an employer can not give a negative reference is nothing but an urban myth. i think you are getting confused between an employer lying outright (libel) and an employer that has given a negative but true statement in regards to the employee in question.