Reference from Employer

[BRIANDR]

I have been made redundant by my ex employer and I am being paid just over 55% of my salary as a pension.
The only statement they will put on the reference to another employer is This person commenced employment with us in 1974 and his employment was terminated by mutual agreement in 2012.
Can I make them say anything else?.

[Prudie]

My employer will also give no more than those details anymore. If you want a character reference I suggest you ask a colleague willing to give you a personal one.

[rockyracoon]

Lot's of companies refuse to give in depth references now incase they get sued.

[Brimoan]

If I was your colleague I would certainly want written permission from you to give the reference.
I would also clearly state when I met you and clearly date the reference.
I had an employer complain about a reference I gave as the person got involved in fraud 8 years after I gave the reference.
Unfortunately I do not have a crystal ball.

[EDDIE51]

That is standard for a refrence now they only confirm the dates of employment and the reason for leaving.
You could ask your former boss if he / she will give a personal refrence . But the company will not say anything more in case they get sued.

[factor-fiction]

Why would you want them to say anything else, Brimoan?

[factor-fiction]

Oops- meant BriandR. I get confused easily

[tonywiltshire]

Normally an employer is under no duty to provide a reference unless it is a condition in your contract of employment or you are involved in certain industries. If an employer chooses to give a reference they are under a duty of care to ensure it is fair and factually accurate, if it is negligently written the ex-employer may be liable in tort and it is for this reason many companies provide a reference giving the start and finish date and position held only. You may wish to look at the much quoted case of Spring v Guardian Assurance 1995, to see what can occur.

[Brimoan]

Hi factor30

I think you are still confused.
I think the AB name is Brian and the surname begins Dr.
Did you go for your run this morning?.

[factor-fiction]

I often confuse you with other posters don't I, Brimoan ;-). You must tell em all about it sometime- maybe if we meet up for a run

Your post saying you do 7 miles in around 45 minutes put me off doing a run today as it takes us 35 mins to do 4 miles. Just went for a 6 mile walk instead (2 hours), but I had played football yesterday and my ankle was twingeing from that

[factor-fiction]

If you do come back on Briandr (got it right this time) I'm wondering what other information you'd want to be included in your reference.

[Peter Pedant]

Prudie has got it right

Yr employer is being coy but I am afraid it is spreading
In America the law only allows an empoyer to state three things (wh I always put in, in my references)
Did you employ this man
What was his sick record
wd you employ him again

[factor-fiction]

I am pretty sure BrianDr isn't coming back.

[BRIANDR]

Hi factor30

I have come back and to prove it I am here.
I really wanted them to put something to the effect I has been made redundant and I had very little time off while I was working for them.
The only time I had off was about 2 weeks 20 years ago when I had to go into hospital and a total of 4 weeks for 2 lots of jury service which was not my fault.

[factor-fiction]

Ask them but you can't force them.
That reminds me , not heard from Brimoan today,

[factor-fiction]

Hopefully Brimoan can post now to show me he got back from his run safely

[Peter Pedant]

Thank you P WIltshire LJ for Spring v Guardian
It is available on BAILII site and I have read it and been suitably edified.
Heavens how the lawyers conspire to keep their Lordships away from their port !

As far as I can see - if an employer gives a negligent reference, their Lordships say the employee has to sue in defamation and not under Hedly Burne v Heller.

[tonywiltshire]

Peter, I think the point that may have to be made when using Hedly Byrne v Heller & Ptns is that a special relationship must exist, but special relationship was not defined. Remember negligence in the sense of carelessness does not give rise to civil liability without there being a breach of duty of care, which has been defined. Most duties of care are the result of judicial decisions.
If you are interested have a look at: Doctor’s duty of care Bolum v Friern HMC 1957, which gave rise to the Bolum test & Road user’s duty of care: Nettleship v Weston 1971

[factor-fiction]

I am always impressed by the well thought out legal arguments of posters such as tonywiltshire, Peter Pedant and Barmaid. Although I studied some law I don't think I could ever have applied myself sufficiently to become a legal professional

[tonywiltshire]

F30 you are a great loss to the legal profession the law need people like you with limitless common sense, please do remember there is no age limit on reading law.

[Maydup]

I understand the reluctance on emplyeres to give character refenrences, although its a shame its risky. BUt to say your employment was terminated by mutual agreement is simply untrue. Makes it sound like you came to an agreement after a row or a disagreeable situation of somekind. I think you should consider contacting and asking them to say that due to what ever reasons on thier part, regretably they had need to make you redundant.