REFERENCE'S

psalbmb

Can someone point me in the direction or shed some light on the legal provisions and implications of reference's in Ireland. Can you bring a claim if your former employer provides a negative/inaccurate reference? Can the prospective employer contact your former employer directly, even though you've nominated a particular Manager to provide such a reference? Is their any LEGAL implications or enforcements available? What if you're not happy with, for example a data commissioners recommendation?

I find when looking online, the whole legal stance on 'references' is quite vague.

So, if someone can shed some light on this, that would be great.

Manach

Given how fraught giving a reference is, in terms of defamation and employment etc, most companies usually provide the most basic of overview - eg "So and So worked for 5 years in this role".
So it would be unlikely that anything beyond that will be given. Even if a bad one is given, then the truth could be proffered as a defence.
If it an untruthful praising reference, then the position would be that then the ex-employer could be liable - in there is a duty to be fair and accurate if one is given, as per Bartholomew vs Hackney (1999)

psalbmb

Manach wrote: »

Given how fraught giving a reference is, in terms of defamation and employment etc, most companies usually provide the most basic of overview - eg "So and So worked for 5 years in this role".
So it would be unlikely that anything beyond that will be given. Even if a bad one is given, then the truth could be proffered as a defence.
If it an untruthful praising reference, then the position would be that then the ex-employer could be liable - in there is a duty to be fair and accurate if one is given, as per Bartholomew vs Hackney (1999)

Ok, by way of example, someone who was dismissed for gross misconduct, however when brought before the EAT, it was classed as unfair dismissal and the former employee won. in the settlement, like most, their was a confideniality clause attached. Since then, that former employee was unsuccessful during interview for a position within the same brand, just a different location... When they made a sc.4 request, it transpired that low and behold, it was a telephone reference which was obtained and hardly nothing is written...?

_Brian

To be honest what is more likely is a phone call conversation where the information is passed along.. In the past I've been frank with people ringing for references, if a problem exists then its called out. You'll get no record of this and so you'll never know 100% why you didn't get the position..

The big deal is that any information given must be capable of being substantiated if required.. So if I mention that an employee has tardiness issues, it should be recorded on their file that they've had a substantial tardiness issue, thus if it comes full circle and proof is needed then it is there..

On the flip side lots of managers just say nice things, particularly to shift a troublesome employee of their books.