To wonder why someone would be so vindictive

[Angeale]

To give a reference which prevents the person from getting any paid employment because you didn't like them?

Horrible

[whothehellknows]

Need a bit more info, maybe?

[LapsedTwentysomething]

I believe that if it's unwarranted the applicant can take legal action.

[FruChristerOla]

I thought that, these days, negative references are a big no-no?

[NormHonal]

I didn't think you could do that anymore? I thought the most you could do was to confirm that x worked at y for the given dates and then say no more.

[Teabagbeforemilk]

I don't think you can give a bad reference now. I thought they could decline to give one. But not give a bad one.

Maybe I am wrong

[Angeale]

I don't want to go into loads of detail as it isn't about me but the workplace have said the person didn't pass their probationary period.

The person involved can't get another job in the meantime and they are appealing but that will take weeks.

[Tooooooohot]

Did the person fail their probationary period?

[TurnOverTheTv]

How do you know that they didn't just fail the probationary?

[ollieplimsoles]

Can you go into a bit of detail as to what happened on probation period op?

[Crosbybeach]

You can say anything you like in a references as long as you can evidence it. That is why many companies choose to stick to facts.

Also if a company is completely effusive in one reference and factual (x worked here from a date to b date and had y days off sick) in another employees reference, that can also be ground for action.

So it's easier to have a blanket policy of no references or factual references. TBH references were always a bit sus anyway...

[Tooooooohot]

Maybe stuff went on that you are not privy to? A company would have to be stupid to say something detrimental with any evidence.

[RepeatAdNauseum]

You absolutely can give a bad reference, but the reference needs to be true.

If it is factual that the person failed their probationary period, it's fine for the employer to state that - and the new employer would probably want them too, because that is the point of references. Presuming the probationary period was 3 or 6 months, it was likely that the applicant and the old company were going to be asked why the candidate left so quickly.

[Angeale]

They didn't renew his contract after the probationary period but its the way it is phrased.

[exLtEveDallasNoBollocks]

Well you don't know for sure that it's just because they didn't like them - they could have simply been bad at their job if they didn't pass the probationary period.

Saying "they didn't pass their probationary period" isn't a 'bad' reference. It's a simple statement.

I've done it before: saying "We are unable to give a reference for this person" is enough for possible employers to know there is a problem.

[chewymeringue]

Surely you can give an honest but negative reference? How ridiculous! Otherwise a refusal to give a reference amounts to the same thing, just less specific!

[Tooooooohot]

Can your friend get some character references instead? These are more common as so many compAnies just say Mr x worked as job role from x to x.

[TurnOverTheTv]

Well how was it phrased? You're not really giving people much to go on!

[Angeale]

It was the way it was phrased - that was part of the reference but not all of it

[chewymeringue]

That said I took someone on who had a poor reference that didn't match at ALL with the skills they showed me. They are a fantastic employee, I can only imagine their last employer just didn't like them.

[Cabrinha]

What if you were working for the next company that employed him?

"AIBU to complain that I'm under loads of work stress as our new starter is shit, his last company obviously didn't want to risk trouble saying he was a lazy shit who didn't pass his probationary period there, and now it's me that has to pick up his undone work whilst my company works out whether to get rid?"

Some people are horrible and vindictive though, so I can well believe that it's unfair. But... just bear in mind you might but have the full story.

[ReadtheSmallPrint]

I may be totally wrong, but is this about a teacher?

If so, and if soemeone does not pass their NQT year, then I think any potential employer has the right to know.

[WhyCantIuseTheNameIWant]

Hmm.
If I didn't want somebody working with/for me, I would be giving them a fair reference, to get rid of them!
I thought a reference had to be accurate?
So the new employer can get an idea of what the person is really like?

[Pagwatch]

Are you sure you know all the facts?

I have a relative who has fought three times with employers who have let her go after a probationary period, or ended her contract. She always says it's because her boss didn't like her.
She is actually unhelpful, combative, work shy, endlessly late and complains about work all over face book all the time

Yet there she is 'omg - how can such a terrible company believe that wanker just because I was better than him. iWork so hard, I should think of myself more, I'm not selfish enough....'

[Teabagbeforemilk]

That sounds like fact to me. Their contract wasn't renewed after probation therefore they didn't pass their probation.

It's doesn't mean they can't get a job, but may find it more difficult if they can't come up with a good reason they didn't pass.

[Mia1415]

This sounds like a factual reference rather than a 'bad' one. Most companies now just state dates of employment, job title & possibly reason for leaving on references. I'm an HR manager & seeing this on a reference wouldn't necessarily mean I would withdraw an employment offer dependant on how honest the candidate was being, what other references I had on them, was this a 1 off in an otherwise stable employment history (lots of previous jobs in a short time would set of alarm bells) etc. I'd suggest your friend goes back to the prospective employer & explain what happened