Employee Rights & Reference

[leesider29]

A girl working with me handed in her notice a week ago. The manager then decided this week to tell her to leave straight away, she brought up a number of excuses and basically attacked the girl on a personal level. For her new job obviously a reference is required, the manager just gave her a letter only stating that she worked in said company and that was it.

Obviously she is upset by this and I was just wondering does she have any comeback re the reference or is that all she is required to say??

 

[ClubMan]

I'm not sure that anybody has any statutory entitlement to a reference at all but if there is such a rule then I believe that the basic reference above is all that is necessary.

 

[leesider29]

This is what I have found on it:

• An employer may be now obliged to give a reference. This duty may not only apply to an employee or ex-employee. It may apply to a contractor engaged under a contract for services.
• A reference will have to be true, accurate and fair. It must not give an unfair or misleading impression overall.
• A refusal to give a reference may result in a claim for discrimination under the Employment Equality Act 1998.
• An employer who gives an agreed reference, on termination, will be bound by it.

Question is can the manager just put down that she worked there and nothing else?? IMHO that is not a reference! And how does she explain the crap reference to her next employer??

 

[rmelly]

And how does she explain the crap reference to her next employer??

It's not a 'crap' reference. This is all some employers will give regardless of how well the employee performed etc.

Having said that, it may well be interpreted as a case 'if you have nothing good to say, don't say anything' by any prospective employees.

The 'A reference will have to be true, accurate and fair.' cuts both ways - to prevent giving a glowing reference to a waster or a poor reference to a good employee.

 

[leesider29]

Suppose the problem is the girl as far as I know was very capable, it was just a clash of personalities and that is why this reference was given.....seems totally unfair.

 

[Mpsox]

Many companies nowadays will only give the bear minimum and state that she worked there and nothing else. More and more firms are reluctant to give any more. Many also refuse to fill in any questiionaires for new recruits

From my perspective as a manager, all I am interested in, if I have offered someone a role, is that what they have on their CV is accurate and that the dates and employers listed on there are correct. Anything else is only someone else's opinion and like most employers/managers, I tend to take it with a pinch of salt

 

[alaskaonline]

Quite a lot European countries and also further abroad ask for job references when applying for a job. Such references need to be detailed, fair and true. If such references cannot be presented it will limit your chances of getting the job.
So, just because irish employers aren't too bothered about checking the references of new hires, it doesn't mean they can get slobby with giving out references. I don't know how long this girl worked in this company but if it was a good bit of time it will have an impact on her CV. If she decides to go and live abroad one day, she might experience some hassle for not having this essential reference. PLUS - what if the company closes down? A written reference is always a safe way of keeping record regardless. If i'd be the girl I'll go back and ask HR for a reference.

Besides leesider29 quoted her rights already:

An employer may be now obliged to give a reference. This duty may not only apply to an employee or ex-employee.

 

[ClubMan]

Question is can the manager just put down that she worked there and nothing else??

If it contains no errors then I don't see what she can do. Omissions are another matter and I guess that an employer can make it as short and terse as they want as long what IS stated is not inaccurate.

 

[Mpsox]

So, just because irish employers aren't too bothered about checking the references of new hires, it doesn't mean they can get slobby with giving out references.:

As an employer, if I state in a reference that she worked for me between the dates stated doing a certain job, that's a reference, that's not being "slobby", it is simply stating undesputable facts

I don't recall anyone saying on here that Irish employers aren't too bothered in checkin references of new hires, what I stated was that I take anything said in a references with a pinch of salt and that the true purpose of the reference is to confirm employment history.

 

[Complainer]

This is what I have found on it:

• An employer may be now obliged to give a reference. This duty may not only apply to an employee or ex-employee. It may apply to a contractor engaged under a contract for services.
• A reference will have to be true, accurate and fair. It must not give an unfair or misleading impression overall.
• A refusal to give a reference may result in a claim for discrimination under the Employment Equality Act 1998.
• An employer who gives an agreed reference, on termination, will be bound by it.

Where did you find this stuff?