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Quick question. Need a quick answer
19-02-2007, 08:05 PM
  #1  

This isn't about starting a business but I need legal advice.

I know someone who got sacked under dodgy circumstances from company A(and is currently having legal steps taken because of unfair dismisal etc etc)

They got a new job at company Z, but their emplyment has been terminated because a job reference was not recieved from company A.

The way i see it, unfair dismisal from company A, now company A is stopping this person from getting another job...

Theres got to be some law against this or something that can be done?
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Re: Quick question. Need a quick answer
19-02-2007, 10:52 PM
  #2  

I'm no legal expert but I am fairly sure that a company CANNOT give a bad reference (even if the ex-employee in question has sacked for theft / fraud or whatever) but a company CAN refuse to give a reference at all...
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Re: Quick question. Need a quick answer
20-02-2007, 08:57 AM
  #3  

Quote:
Originally Posted by TWD-Tony View Post
I'm no legal expert but I am fairly sure that a company CANNOT give a bad reference (even if the ex-employee in question has sacked for theft / fraud or whatever) but a company CAN refuse to give a reference at all...

Not true. They can give a factually correct reference. i.e joe was dismissed due to bla bla on such and such a date. As long as they can prove that its factual. Most companies these days give the bare minimum such name, dates of employment and title.
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Re: Quick question. Need a quick answer
10-03-2007, 02:20 AM
  #4  

How is Company A stopping employee working for Company Z - is there a restraint of trade clause in their contract?

In some occupations an employer has a duty of care to a prospective employer and has to provide factually correct information even if it appears to be 'bad' from the employee's perspective.
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