#Employment : Boss threatening to sue me

[phoenix11]

Hopefully some helpful info on references. The underlined bits are by me.

 

What should an employer say in my reference?

 

Anyone providing a reference has a duty to take reasonable care not to give misleading information about the employee. Employers should avoid being unfairly selective in the information they provide and avoid including facts or opinions that could create a false inference in the mind of a prospective employer.

 

Does a previous employer have to reveal any problems that occurred in the past employment?

 

Where an employee has performed at an unacceptably low level or has been dismissed for a reason that would cast doubt on his or her suitability for future employment, the person giving a reference can:

 

provide no reference at all;

provide only a basic, factual reference, giving the dates of employment and the job title;

provide a detailed account, including references to any negative issues

 

What can I do if my old employer provides a bad reference?

 

If you believe your past employer's reference unfairly harmed your future work prospects you may be able to sue for negligent misstatement. To do so, you must show that:

 

the information in the reference is misleading;

providing such misleading information has had a detrimental effect on your standing with a prospective employer;

your former employer was negligent in providing such a reference.

 

Alternatively, if you think there is an element of discrimination involved, you can bring your former employer to an employment tribunal.

 

 

So, whilst it is not true that a former employer cannot provide a 'bad' reference, any negative comments must be accurate, fair and balanced.

 

Also, from the Direct Gov website, it does say that: "Once you start working for a new employer you can ask them for a copy of any reference they've been given from your previous employers. They should supply it to you under data protection law."

[elpulpo]

All sounds perfectly sensible, but where is this statement from?

I think it's a section of working life that could well do with clarification, if not by statute, then certainly by ACAS.

[Sidewinder]

Issues arising from 'bad' references are already covered adequately in law. It is a common misconception that a previous employer cannot provide a 'bad' reference, and that an employer would have to give only a factual reference or no reference at all in circumstances where the former employee had a debatable work history.

 

A reference must be factual and not misleading, otherwise there are grounds for a former employee to take action. In circumstances where the employee suffers a detriment as a result of false, misleading or inaccurate information, they may sue for Negligence, Defamation or even Victimisation. For that reason, many employers will opt not to give a reference for fear of getting carried away with a character assassination and risk legal action, and the unspoken word can often be just as damaging.

[EBSAL]

What!!!

 

Are you on something?????

[Sidewinder]

Meaning?