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References

Discussion in 'Pay and conditions' started by ypjain, Apr 2, 2011.

  1. Hello trixie1

    It is against the law to provide a negative reference and you can take the HT to task over this by complaining to the Governors and the education department in question. Your HT could have declined to provide a reference or written the basic neutral form with no further input.
     
  2. TheoGriff

    TheoGriff Star commenter

    Not so. Although a lot of people believe that this is true.
    However, the legal situation is that:
    If the employer genuinely believes that there is unfavourable or negative information about a candidate, has reasonable grounds for that belief, and has carried out as much investigation into the matter as is reasonable in the circumstance, then that employer has a legal duty of care to the new employer to provide that negative information.
    The OP should nonetheless consult his/her union, as if it can be proven that the current employer has failed in their duty of care to him/her (duty to ensure that the reference is in substance factual, accurate, fair and not misleading), then it can be considered a Negligent Mis-statement. If in addition it can be proved that the mis-statement was malicious, the union will have a field day!
    However, it is not true that a negative reference cannot be given, and in fact if an employer fails to give a negative reference when one should have been given, then the new employer can sue him!
    ______________________________________________________________
    TheoGriff. Member of the TES Careers Advice Service.
    The TES Careers Advice service runs seminars and workshops, one-to-one careers and applications advice, one-to-one interview coaching and an application review service.
    I do Application and Interview one-to-ones, and also contribute to the Job Application Workshops. We look at application letters, executive summaries and interviews.
    The next Moving onto Leadship seminar is Sunday 15th May.
    http://tesweekendworkshop24.eventbrite.com/
    E-mail Julia on advice@tsleducation.com for how to book a meeting with me personally.
    Look forward to seeing you!
     
  3. It's not. You can still write a negative reference, except you have to be able to support it.
    Mind you, one employer did once write in answer to the question "Would you employ this person again ?" "God, no, she's terrible. Don't touch her with a barge pole" :)
    Also, reality check, there are still unofficial phone references and the like.

     
  4. Crowbob

    Crowbob Established commenter

    They should not write things that are not true. If you have evidence of planning done by you, I would present it to the old school, along with the reference given and ask for an explanation.
     
  5. Middlemarch

    Middlemarch Star commenter

    Can I chip in and add that the interviewing head has breached confidentiality by handing over the entire reference?
     
  6. DaisysLot

    DaisysLot Senior commenter

    Actually you do have a legal right to request to see a reference written about you under the data protection act. The person to whom the reference was written, not the author would be the person to provide the information.

    <h3>Do I have a right to see a reference written about me?</h3>Your previous or current employer doesn't have to show you a reference they've written about you. So if you want to see a reference that's been written about you, you should make a request to the employer the reference was sent to. You should make this request under the Data Protection Act. The employer will then work out whether they can show you the reference, in line with the Data Protection Act. You can find out more about making a request to see a reference on the Information Commissioner's website at: [​IMG]www.ico.gov.uk. Or you can call their helpline on 0303 123 1113. The helpline is open Monday to Friday, 9am to 5pm.
    <h3>Can my employer write a bad reference about me?</h3>Your employer has a duty to write an accurate reference about you, and shouldn't mislead the employer asking for the reference. But some information shouldn't be included in a reference, unless you agree to it. This is information like your medical records, or information about spent criminal convictions.
    In England, Wales and Scotland, for more information about spent criminal convictions and work, see Do I have to tell my employers about my criminal record?
    Your employer also mustn't give information in a reference which is inaccurate, or which is deliberately wrong or misleading. If this has happened, you may be able to take action against your employer.
    If you're in this situation, you should get advice from an experienced adviser, for example at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on [​IMG]nearest CAB.
     
  7. Middlemarch

    Middlemarch Star commenter

    But not the whole reference - the person to whom it was written is meant to give you only certain parts of it. That was what I was referring to in my earlier comment about breach of confidentiality.
     
  8. TheoGriff

    TheoGriff Star commenter


    However . . .
    "There are excluded job categories where applicants must reveal all spent and unspent convictions, and these include teaching and medical professions. "
    http://www.transform-hr.com/microsite/home.cfm?editionid=110&articleid=263

    _____________________________________________________________
    TheoGriff. Member of the TES Careers Advice Service.
    The TES Careers Advice service runs seminars and workshops, one-to-one careers and applications advice, one-to-one interview coaching and an application review service.
    I do Application and Interview one-to-ones, and also contribute to the Job Application Workshops. We look at application letters, executive summaries and interviews.
    By popular demand! In response to Tessers e-mailing in: another Job Seminar now on Saturday 14th May:
    www.tesweekendworkshop25.eventbrite.com
    The next Moving onto Leadship seminar is Sunday 15th May.
    http://tesweekendworkshop24.eventbrite.com/
    E-mail Julia on advice@tsleducation.com for how to book a meeting with me personally.
    Look forward to seeing you!


     

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