I may be called upon to give a reference for a temporary worker who has been reporting to me for about 5 months.
This person has been difficult from day one. They started off by saying that they suffer from some illness which affects their ability to get up each morning and consequently arrives about 15 minutes late each day. Their first task is then to go to the canteen and return with a bacon sandwich and coffee which is consumed at their desk prior to doing any work.
They take over an hour for lunch when the official time is 30 minutes and frequently return from lunch with their lunch which they eat at their desk.
Every request is questioned and they will do the work their way or the stress will trigger a migraine and tears.
I am on a temporary contract myself and this nightmare is off in a few days to inflict their approach on some other poor souls.
So, how honest can a reference be in these pc days? I may not be called to give one but I want to know what can be said and what can't.
Any thoughts/help?
Replies (13)
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Giving an adverse reference is fraught with risk.
You are under no obligation to give a reference at all. However, if you do give a reference, you are under a legal duty to give an accurate reference. If you give an inaccurate or negligent reference, the employee can sue to recover damages. This claim is brought in the County Court NOT the Employment Tribunal.
maybe if you are asked
say something bland but make a call to the person.
Or say something totally factual?
I had a case a while back when I wanted to employ a nanny & her former employer kindly rang & said she was great when she was there but was rather prone to health issues.........I got the message.
Healthism ?
I had a case a while back when I wanted to employ a nanny & her former employer kindly rang & said she was great when she was there but was rather prone to health issues.........I got the message.
Posted by Anonymous on Wed, 17/03/2010 - 09:23
Are you allowed to "discriminate" on the grounds of health - or is that now some kind of "...ism" in NuLabour's loony Britain?
Factual Only
Many employers will now issue only factual references.
Mr X was employed from ______ to ______
His position was XXXXXXX
Reason for leaving XXXXXXXXXXXXXXXXXXXX
Any disciplinary matters Yes/No
My understanding is that if an employer has this policy it must be used fro all staff, i.e. not only used when you would really like to give a bad reference.
References
The ground rules are different for personal and company references.
Company references should be handled by HR .
No one has to give a personal reference and there are many acceptable reasons for declining to give them. You might want to check with HR as many businesses have policies on staff giving personal references (such as "don't" ).
It's a bit late now but....
For someone habitually late, if you cannot persuade them nicely to arrive on time, then a slightly blunter stick is to move their entire working day back. "Yes you can start 30 minutes later, but you can also finish 30 minutes later". Just sayin'...
Cream cakes ???????????????
In any case, I will be declining and just celebrating on 29 March with a suitably calorific stuffing of the face courtesy of the local supermarket cream cake counter.
Posted by Peter Bonetti on Wed, 17/03/2010 - 16:17
Oh dear - the "health police" will be round to give you a good talking to. In these PC days shouldn't you be celebrating with a nice healthy salad (withour dressing) and maybe some wholemeal bread? .................. and giving the cream cake to me :)
OK - send me the salad - :(
Cream cake? In your state of health?
I'd willingly send you a cream cake but not at the expense of a manslaughter rap!
Posted by Peter Bonetti on Thu, 18/03/2010 - 12:14
I'd risk it - but have you ever seen a cream cake thats been through the postal system in a jiffy bag?
We would only give a reference to a potential employer
I would always decline to give a 'To whom it may concern' and would ignore a scrapbook if interviewing.