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can my prevuious employer refuse me a reference.

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minnie1974 | 11:05 Wed 30th Jul 2008 | Law
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hello all,

im a registered nurse and was dismissed from my last post, i have recently been offerered a new job, pending references, however im now worried my previous employer will refuse or write me a bad reference or disclose other information about the dismissal and ruin my chances of starting afresh. can they do this??
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They cannot lie. They can as aminimum state the dates you worked for the company and why you no longer work for them. If they tell the truth then (I THINK) they cannot be pulled up on it. Someone more knowledgable will come along and put us both right I'm sure.

If for instance a person was dissmissed for steeling and the exemployer didn't disclose this to a new employer and they then went on to steel then the second employer has reason to sue the first.
I beleive that under UK employment law a former employer is not permitted to give you a negative reference. I suppose they could just fail to mention certain aspects, or even just give pure facts. I would think that they are within their rights not to provide a reference at all.
It's just a question of being economical with the truth.
I've been in a situation where, when asked for the reference I have elected to give basic information - employed as an X between that dates of Y and Z. When asked for more, I say that I am not able to give any more. Is that company policy then? - No, not necessarily, on this occasion I am not able to provide you with amy more details.
This tells the new employer a heck of a lot.
If there was an issue with your termination of the previous contract, you would be well-advised to explain it in your terms to the prospective employer. Then they have your version of events. Most make allowances - it takes 2 to tango. But if you've said nothing so far, you are running a risk.
Of course the employer can give a negative reference - as long as it is factual and truthful.

A reference in the style of buildersmate would prompt the prospective employer to telephone the ex-employer to discuss it 'off the record'. That is a common occurrence.

minnie - the best thing you can do is be upfront and truthful at the initial application stage.
Please be aware that, as you're a registered nurse, your employer may be bound to reveal the reason for your dismissal whether they want to or not if the reason was related to a breach of your nursing code of practice. I therefore think your best bet is to be honest with the new employer, as that will give you a chance to put your side of the story.

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