Legal Advice: Job Refrences

[SimonJ]

I have a collegue who is looking to leave our work, and i'm not his boss I'm just his mate but the job he has gone for the refrence he got from our company was horrendous they said:

He was lazy and known to workmates as work shy and lazy
Had a poor sick record and was seen out on one of his sick days

Now the above 2 i know to be unture as he does work overtime not always but I would say about 5 - 10% a week and he has had 2 long sicknesses but he was hospitalised with them both and had doc notes to back this up.

What my question is - are people allowed to give such bad refrences and basically try to stop someone getting a new job??? His new company told him about the bad refrence can he do anything about it or are refrences confidential???

cheers for the help

[bwglaw]

Your friend should obtain independent legal advice. However, I comment generally:

* An employer is not obliged to give a reference, nor to ensure it is completed;

* An employer can give a bad reference, provided any facts is a true reflection of the employee's conduct/performance during a reasonable period i.e. 12-months, discounting any expired warnings/circumstances on file

* If the employee can show that the reference is false and misleading so as to prevent the employee from getting another job, the employee may have cause to bring a claim for defamation of his character. The intention of the employer here will be relevant. It serves no real purpose to the employer to give a bad reference to retain an employee that the employer claims to have a poor record;

* Any sick leave taken as part of a disability should not be mentioned in the reference;

* References are confidential. However, the employee can make a request under s.7(1) of the Data Protection Act 1998 for copies of his personnel file. Many employers will exclude references without first obtaining permission from the recipient of the reference. Employer can charge £10 to comply with this request and must provide access within 40 days.

Once you friend has a copy of his personnel file, if he suspects the reference to be false he should make a formal grievance to the employer setting out his claims.

In any event, your friend should obtain specific legal advice.

Jonathan