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My boyfriend has just found out that that a previous employer has given him a bad reference, since he was empl |
My boyfriend has just found out that that a previous employer has given him a bad reference, since he was employed by this company he has had 2 new jobs, however he has recently registered with an agency and they have told him his reference has come back bad. The person that wrote the reference is not actually the named person he put down as a referee and the person who gave him the reference actually recommended him to the job he got after he was employed with him! Legally what can be done? You don't say where you are. This is for information only and does not constitute legal advice. In English law (according to Croner's) there is no general duty to provide a reference but if an employer chooses to do so the reference must be factual and accurate (Spring). If there is sufficient evidence that statements made in the reference are honest, accurate and not negligently made then the employer is in the clear (Lawton). An employee writing a reference as part of his employment makes his employer vicariously responsible for his actions. This is probably true even if writing references is not part of his duties. Croner's then goes on to give examples of specific cases Then there is the possibility of libel. There are legal defences available of which the chief is justification; i.e. it is true. A putative employer seeking references without the permission of the applicant would be in breach of the Data Protection Act 1988. Your boyfriend needs legal advice. As a start an organisation such as the Citizens' Advice Bureau, Trade Union or Law Centre would be useful. Your local public library probably has a publication such as Croner's in its Reference Library and the staff will be able to help you use it but not, usually, allowed to give legal advice. Source(s): Croner's Reference book for Employers pp A92 et seq. Spring v. Guardian Assurance PLC [1994 IRLR 460 Lawton v. BOC Transhield Ltd. [1987] IRLR 404 If the reference given by the previous employer is true, nothing can be done. I have no idea. It might be nothing. Stop using that company as a reference. nothing can legally be done. Your boyfriend should get intouch with his previous reference and put down more personal ways to contact them or if he can't do that remove the refrence from his resume Call an attorney. Labor Work Law from your employment office may can help you out on this topic. If what the other company is saying is true, your boyfriend can do nothing. Or if the person giving the reference states that his opinion is that your boyfriend was not a good employee, then your boyfriend can likely do nothing. His best bet is to simply explain that there were problems with that employer up front. |
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