Cheltenham 2.55 - 2 Fatalities
Sport1 min ago
Reference from Employer
I have been made redundant by my ex employer and I am being paid just over 55% of my salary as a pension.
The only statement they will put on the reference to another employer is This person commenced employment with us in 1974 and his employment was terminated by mutual agreement in 2012.
Can I make them say anything else?.
The only statement they will put on the reference to another employer is This person commenced employment with us in 1974 and his employment was terminated by mutual agreement in 2012.
Can I make them say anything else?.
Answers
Best Answer
No best answer has yet been selected by BRIANDR. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.
If I was your colleague I would certainly want written permission from you to give the reference.
I would also clearly state when I met you and clearly date the reference.
I had an employer complain about a reference I gave as the person got involved in fraud 8 years after I gave the reference.
Unfortunately I do not have a crystal ball.
I would also clearly state when I met you and clearly date the reference.
I had an employer complain about a reference I gave as the person got involved in fraud 8 years after I gave the reference.
Unfortunately I do not have a crystal ball.
Normally an employer is under no duty to provide a reference unless it is a condition in your contract of employment or you are involved in certain industries. If an employer chooses to give a reference they are under a duty of care to ensure it is fair and factually accurate, if it is negligently written the ex-employer may be liable in tort and it is for this reason many companies provide a reference giving the start and finish date and position held only. You may wish to look at the much quoted case of Spring v Guardian Assurance 1995, to see what can occur.
I often confuse you with other posters don't I, Brimoan ;-). You must tell em all about it sometime- maybe if we meet up for a run
Your post saying you do 7 miles in around 45 minutes put me off doing a run today as it takes us 35 mins to do 4 miles. Just went for a 6 mile walk instead (2 hours), but I had played football yesterday and my ankle was twingeing from that
Your post saying you do 7 miles in around 45 minutes put me off doing a run today as it takes us 35 mins to do 4 miles. Just went for a 6 mile walk instead (2 hours), but I had played football yesterday and my ankle was twingeing from that
Hi factor30
I have come back and to prove it I am here.
I really wanted them to put something to the effect I has been made redundant and I had very little time off while I was working for them.
The only time I had off was about 2 weeks 20 years ago when I had to go into hospital and a total of 4 weeks for 2 lots of jury service which was not my fault.
I have come back and to prove it I am here.
I really wanted them to put something to the effect I has been made redundant and I had very little time off while I was working for them.
The only time I had off was about 2 weeks 20 years ago when I had to go into hospital and a total of 4 weeks for 2 lots of jury service which was not my fault.
Thank you P WIltshire LJ for Spring v Guardian
It is available on BAILII site and I have read it and been suitably edified.
Heavens how the lawyers conspire to keep their Lordships away from their port !
As far as I can see - if an employer gives a negligent reference, their Lordships say the employee has to sue in defamation and not under Hedly Burne v Heller.
It is available on BAILII site and I have read it and been suitably edified.
Heavens how the lawyers conspire to keep their Lordships away from their port !
As far as I can see - if an employer gives a negligent reference, their Lordships say the employee has to sue in defamation and not under Hedly Burne v Heller.
Peter, I think the point that may have to be made when using Hedly Byrne v Heller & Ptns is that a special relationship must exist, but special relationship was not defined. Remember negligence in the sense of carelessness does not give rise to civil liability without there being a breach of duty of care, which has been defined. Most duties of care are the result of judicial decisions.
If you are interested have a look at: Doctor’s duty of care Bolum v Friern HMC 1957, which gave rise to the Bolum test & Road user’s duty of care: Nettleship v Weston 1971
If you are interested have a look at: Doctor’s duty of care Bolum v Friern HMC 1957, which gave rise to the Bolum test & Road user’s duty of care: Nettleship v Weston 1971
I understand the reluctance on emplyeres to give character refenrences, although its a shame its risky. BUt to say your employment was terminated by mutual agreement is simply untrue. Makes it sound like you came to an agreement after a row or a disagreeable situation of somekind. I think you should consider contacting and asking them to say that due to what ever reasons on thier part, regretably they had need to make you redundant.
