Are you allowed to give a bad job reference?

[Priesty]

I was always told you can only give a good reference or refuse to do a reference, and that it was not allowed to give a bad reference. Is this the case?

[buildersmate]

Not true. An organisation must provide an objective reference that is reasonable view of the performance (or whatever criteria is asked for). Most organisations won't give a 'bad' reference - but what is a bad reference? One that doesn't say all good things? The way organisations deal with this is in what they don't say. Everyone has some good points an organisation can refer to, though it pretty obvious from what they don't say there were issues.

[DotH]

my company do not give references if there has been a serious reason for a person leaving the company, they rely on feedback on a leaving form from managers and also any matters of concern brought to their attention during the employment history.

[buildersmate]

Fair point Dot. When I said 'must provide', I meant if it provides one at all. What an organisation can't do is be untruthful. Refusal to provide a reference can be taken to mean many things, from 'we don't do references as a policy' to 'on this occasion we would not be able to provide anything more than confirming this person was employed here between X and Y'.

[cascarelli]

you can give a bad reference but the person giving the reference will have to be very sure of their facts and, as said by the others, very objective in what they say.

personally, for legal reasons, i wouldnt give a bad reference but would just refuse to give a reference in a situation where an employee left under 'difficult' circumstances and let the potential new employer read between the lines.

[Hapus]

I think people need to be very careful with references in general these days due to the freedom of information, and our quickness to take people to court.
Most companies now do not actually give references as they used to be. They are now simple statements of fact - Yes, that person worked here.
Between the dates of x and y.
This was their position
This was their salary.

End of reference!

[clarey]

Totally agree with Hapus, most major blue chip companies give the following

Dates worked
Positions held
Last two appraisals (and what they mean)
Days of sick
salary (sometimes)
Unspent disciplinaries held against the employee at time of leaving.

As much as I love my team, I refuse to give a reference in any other format, as the information given is evidential and can be substantiated. Howvever I may add a little line saying " I would re employ again!"