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Is it legal in UK to give a bad reference?

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Mr Allen

Mr Allen

Well-Known Member
V.I.P Member
I know this place is full of Yanks and Canadians, but I need an answer to a UK based query.

I took a message on the Mobile this morning from the local YMCA, they said they "denied" my application to work there based on a reference from the PDSA! I was literally like, WTF?! I know I left PDSA under bad circumstances which were not entirely of my own doing, but for them to give out a bad reference despite nearly 3 years of otherwise top class customer service for them?! Is that even legal?!

I have emailed the PDSA this lunchtime to query what's going on but they have yet to even acknowledge my email and probably won't knowing the Manager.
 
References: workers' rights - GOV.UK

Bad references
If the worker thinks they’ve been given an unfair or misleading reference, they may be able to claim damages in a court. The previous employer must be able to back up the reference, such as by supplying examples of warning letters.

Workers must be able to show that:
  • it’s misleading or inaccurate
  • they ‘suffered a loss’ - for example, a job offer was withdrawn
Workers can get legal advice, including from Citizens Advice. They may also get legal aid.
 
It's legal. I found this link which may be of use to you: References – job reference advice

This is a quote from that site:

"Many people mistakenly believe that your boss can’t give you a bad reference by law, but that’s not entirely true…
References just have to be accurate and truthful so if you were disciplined at your last job then they could include that on your reference."
 
Judge said:
References: workers' rights - GOV.UK

Bad references
If the worker thinks they’ve been given an unfair or misleading reference, they may be able to claim damages in a court. The previous employer must be able to back up the reference, such as by supplying examples of warning letters.

Workers must be able to show that:
  • it’s misleading or inaccurate
  • they ‘suffered a loss’ - for example, a job offer was withdrawn
Workers can get legal advice, including from Citizens Advice. They may also get legal aid.
Click to expand...

Thing is though, by rights it should NOT have been me that got disciplined, it should've been the old guy who called me a "Deaf C Word" (see that thread I did in Off Topic ages ago).. the only reason I didn't make an official thing about that was cos Dad said not to.
 
Rich Allen said:
Thing is though, by rights it should NOT have been me that got disciplined, it should've been the old guy who called me a "Deaf C Word" (see that thread I did in Off Topic ages ago).. the only reason I didn't make an official thing about that was cos Dad said not to.
Click to expand...

If you don't challenge such things then they may become a matter of record. Which seems to be the case in this instance. Though whether or not you could have altered the results is anyone's guess. Though such things happen in the workplace.

Just because there are laws doesn't preclude employers or fellow employees from breaking them or evading them. Especially laws of a civil rather than criminal nature. All you can do is to guard yourself in the future over such abuse and be prepared to challenge such circumstances if you feel you're being wronged in the workplace.

In any event, I merely quoted verbatim what your government and law has to say on such matters. It's not clear whether you could still pursue this legally. Though you might consider trying. I know I would under the circumstances, regardless of whatever your father thinks. With the links I provided, it doesn't look like it would cost you anything to at least ask for initial advice from the proper legal authorities.
 
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I don't know anything about the law on this, the others seem to have that covered, but in future when asking someone if they will provide you a reference always make sure to ask if they are willing/able to provide a good reference.
 
@tree Thanks. Don't you have a happier avatar/profile pic, it kinda gives the misperception that you're sad all the time :(:pensive:

Rich Allen said:
a few years ago if ANYONE had called me that word I would've battered them,
Click to expand...

Actually this surprises me, I'd assumed you were the shy and go for a cry type (if angered or saddened) :neutral:
 
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1. I don't like being called a yank anymore than you would like being called a limey.
2. I'm not surprised they got rid of you with your attitude
3. I think they did the YMCA a favour
 
Reminder:
The topic is not a critique of the original poster or
any other person replying to this thread.

The topic of this thread is whether or not it is legal
in the United Kingdom for a former employer to send
out a negative letter of reference.
 
Phillip Cowdrey said:
1. I don't like being called a yank anymore than you would like being called a limey.
2. I'm not surprised they got rid of you with your attitude
3. I think they did the YMCA a favour
Click to expand...

1: After previous interactions on various fora with North Americans, I've found the majority of them to be considerably less than intelligent, on the contrary, a lot of them are sub human Pond scum IMO.

2: As mentioned, at length, the problem at the PDSA was NOT entirely my fault, if a certain person had not insulted me in the first place, there would be no problem.

3: See 2, if he hadn't started this, I wouldn't have needed to apply to the YMCA in the first place!

Do you see?!
 
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Rich Allen said:
1: After previous interactions on various fora with North Americans, I've found the majority of them to be considerably less than intelligent, on the contrary, a lot of them are sub human Pond scum IMO.
Click to expand...


Or

 
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