Received an email on Friday from a Acas representative complaining that I sent a poor reference to one of my x employees Basically asked for a score from 0-10 for punctuality and attendance So I put 1 Reason for this he was dismissed due to continued lateness and sickness So please tell me what they expected me to say If I put 10 he could have taken the company to court for unfair dismissal This country's gone mad What's point in asking for a reference if you cannot be truthful I know have to respond to this email within 14 days or they may take the matter further Sent from my iPhone using Tapatalk
I would suggest having a company policy of offering no references other than confirmation of past employment. Avoids any come backs which can happen for a variety of reasons.
If you can justify what you've put then just do that. In future though, I would just go straight down the middle. 5's all the way. Not your employee any more so who gives a fvck, someone elses problem.
If you tell the truth no problem mate to many idle bastwards wanting money for nowt. Stay with your original email.
Apparently it's against the law to give a bad reference How the fuk can I give a good reference to someone we have dismissed I'm not changing anything I am more than willing to help anyone who worked for the company and may have decided to seek employment elsewhere but the had was dismissed Haha Bit daft putting us down as a reference Sent from my iPhone using Tapatalk
This is copied direct from Gov.uk You may all find this useful References: workers' rights An employer doesn’t usually have to give a work reference - but if they do, it must be fair and accurate. Workers may be able to challenge a reference they think is unfair or misleading. Employers must give a reference if: there was a written agreement to do so they’re in a regulated industry, eg financial services If they give a reference it: must be fair and accurate - and can include details about workers’ performance and if they were sacked can be brief - eg job title, salary and when the worker was employed Once the worker starts with a new employer they can ask to see a copy of a reference. They have no right to ask their previous employer. 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, eg by supplying examples of warning letters. Workers must be able to show that: it’s misleading or inaccurate they ‘suffered a loss’, eg a job offer was withdrawn Workers can get legal advice, eg from Citizens Advice. They may also get legal aid. Discrimination and unfair dismissal Workers might also claim damages from a court if: the employment contract says they must be given a reference but the employer refuses to the worker is sacked because they’ve been asked to give a reference while the worker’s still working for them Workers can get legal advice, eg from Citizens Advice. They may also get legal aid. Contact Acas (Advisory, Conciliation and Arbitration Service) for advice. Acas helpline Telephone: 0300 123 11 00 Textphone: 18001 0300 123 11 00 Monday to Friday, 8am to 8pm Saturday, 9am to 1pm Find out about call charges Last updated: 12 November 2014
Cheers mate Sounds like we haven't done anything wrong like I thought Sent from my iPhone using Tapatalk
Yeah got you Thank you for your opinion Good job they don't leave me in charge of this haha Sent from my iPhone using Tapatalk
If you can provide documentary evidence supporting what you have said in the reference then you're safe.
You really shouldn't be asking for employment law help from a football forum, like you often do... Could come back to bite you
We're not just fans so as long as common sense is applied then you can sometimes get some very good advice on here.
Here's my twopenneth for what its worth seeing as you have already committed yourself. I would first ask how long the employee worked for you before he/she became unreliable. If they had a decent attendance record to a point and then became unreliable, then you can't justifiably give them a 1. For me a 5 is middle order/average, so anything below that is below average. Somebody guilty of a poor attendance record would in my opinion fall between 1 and 4. So ask your self now where does this person fit. For someone who has been poor from day one give them a 1 but for somebody who was decent to start with and then fell by the wayside, you could give them a 4 or somewhere in between depending upon other prevailing circumstances. Another question you should ask yourself is what did we do to help this person become a good employee.
I would simplify it. leave it as it is and if they persevere I would simply submit a document showing the rating criteria used. 0-1 for persistent absenteeism etc etc. the rating is the issue here. However I'm always suspicious of sacked employees and why they went to ACAS? Be wary of setting yourself up for claims against the dismissal rather than the reference.
Just noticed something else in the original post. You stated that you sent a reference to an ex employee. In my view , if you sent this info to your ex employee and not a prospective employee, then it is what I would call a testimonial not a reference. I personally would never accept testimonials, but prefer to respond to employer requests for references.
Another question you should ask yourself is what did we do to help this person become a good employee.[/QUOTE] They gave him a jod for fcuks sake, when you're employed, it's your duty to turn up on time and perform, not be a lazy malingering ****.
