The short answer is yes, an employer can give a ‘bad’ reference which may indicate to the new employer that the person is not suitable for the role they have applied for. There must be a consistency of approach in terms of whether or not an employer will provide a reference. Mrs T tripped after not seeing the edge of the pallet, as she was carrying heavy shopping bags and chatting to a friend at the time of the accident. Businesses and individuals can suffer loss because of their commercial relationships in a wide variety of circumstances. There must be a consistency of approach in terms of whether or not an employer will provide a reference. You would also have to prove you did not get employment based solely on this one reference. This means that if you annoy a company enough, they can lawyer up and get a court date. accurate and fair and that it is not misleading - a duty that is owed to both the employee and to the new employer If a worker believes that he has received an inaccurate reference to his detriment i.e. Referees must therefore be able to justify and support any comments made in a reference and show that they honestly believe that the contents of a reference are true. If little Jimmy is always being disruptive in class, then the teacher can write that. failure to secure a post, he has the option of suing his employer for providing a negligent misstatement. The reality is that anyone can sue anyone at any time for any thing. Look for jobs that don’t need a reference … The pallet had been left lying near the checkout area of the store. The Equality Act provides protection to former employees from post-employment discrimination and harassment. June 2020. This was never true, there was never a case against me, no allegations because of evidence to support this. This is a momentous decision with wide ranging implications for UK and EU law. Make sure their policy is applied consistently across the business by all managers. Due to this, Nationwide will not accept my applications because of their now believed nature of me. The law in the UK, in relation to civil wrongs, or tort law as it is known, provides a number of causes of action under which you can sue. The loss of the plaintiff in this instance would be the earnings he would have received had he secured the new job, but for the inaccurate reference. Although there is currently no express protection in the Act against post-employment victimisation, a recent Court of Appeal outcome (following the cases of Rowstock v Jesse… While many individuals and businesses are aware of the value of making a claim when their rig… But as with most myths, there is a little truth behind it. Provide “standard” references only. Pop your email in to sign up for your monthly Focus newsletter:*. To do so, you must show that the information in the reference is false or misleading, has had or is likely to have a detrimental impact on your future employment prospects (has caused loss) and that your former employer had failed to take reasonable care in the preparation of the reference. This field is for validation purposes and should be left unchanged. Ensure they have a formal policy in place in respect of providing references. Check if your conviction is spent on GOV.UK. Texas is suing several States over potential voter fraud in the 2020 Election. There is always a threat of a lawsuit, if they give a bad reference and cannot document everything that is said. If you had to fire an employee, however, it can be a difficult decision about how honest you should be with the former employee's potential new employer.If you tell that potential employer anything about the former employee that you can't verify as factually accurate, you may be facing a lawsuit. As suggested above, it is only by straying from the truth that a prior employer can make a bad reference illegal. A new employer can also claim damages against a former employer if it transpires that an untrue reference has been provided. They can give you a "bad" reference, but they cannot lie or be libellous. You are discussing the position not promoting the bad review. 2. Bad references. For example, where a glowing reference is given for an employee who performed badly – who subsequently performs badly in their new role. > What are my rights if I have been given an incorrect job reference? If the worker thinks they’ve been given an unfair or misleading reference, they may be able to claim damages in a court. So you know exactly what reference your previous employer is giving out. So if you were disciplined at your last job, then they could include that on your reference. It was has come to light that that it was a bad reference from Frankies and Bennies in Swindon who stated that I was fired for stealing from the till. You would also have to prove that the bad reference being given is intentional to stop you from gaining new employment and is malicious in its intent and presentation. Making a claim or complaint of discrimination (under the Equality Act). For defamation legal cases, truth is an absolute defense. When a lawsuit results from a reference, it is usually on the grounds that the employer defamed the former employee, causing harm to their finances and their reputation. 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