Bad Reference

[Kirstyhev]

Someone I know applied for a job, signed the contract and a week before he was meant to start, they retracted the offer saying that an ex employer had given a bad reference.... I have 2 questions... 1) Can they legally retract an offer for that reason 2) Can employers give a bad reference? I was told that employers CANT give a bad reference.

[antiguru]

1) I believe that they can only legally retract the offer if the offer was made subject to satisfactory references. This would be in the offer letter or the contract of employment. Recourse is tough though. It's breach of contract, which is a civil matter.

2) Within reason employers can say what they like provided the issues were raised during employment. Too many employees think employers can't give a bad reference which explains their behaviour sometimes....

[rachela500]

As stated above, they can retract the offer if it was 'subject to satisfactory references'.

An employer can't give a bad reference i.e. they can't say that an employee was a lazy cow with an alcohol problem etc.. Most references ask specific questions such as "were they good at timekeeping" or "could they accept direction from authority". Therefore, if the answers to these were 'No' then this would be a 'bad' reference.

[Sequin]

Write to your previous employer and ask for disclosure of all relevant information under the provisions of the Data Protection Act - known as a Subject Access Request. They will be obliged to send you copies of all information they hold on you, including the reference (they can charge you up to �10 for the cost of doing it)

If you believe the reference is unfair, or defamatory, you can sue them

[gammaray]

Rather than give a bad reference, many employers will say they won't give a reference. That can be interpreted by the new employer as an unsatisfactory reference.

[Trotbot]

A former employer is legally obliged to tell the truth, so some will not say anything and allow their silence to be interpreted. However, some will be prepared to be truthful, quite legitimately, and say Mr X timekeeping was poor and there were a number of unexplained absences. They should only do that if they have evidence to support it as it may end up in court.

An employer can give a bad reference if it is true. They cannot give a bad reference out of spite.

[spaced]

employers can NOT give a bad reference. They can only refuse to give one, thus making you look bad.