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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To wonder if an employer can give a bad reference based on this?

45 replies

PontinsBeach · 23/11/2022 14:27

Employee was warned about failing probation, but given 3 weeks to turn it around. Emoloye managed to and recieved good feeback, but then a day before the deadline where company were going to decide whether to keep them or not, employee resigned.

Employee has used the job as a reference in a new application, she knows they will only be asked basic questions about the dates they were there and reason for leaving. Can the employer say anything other than ‘resigned’?

OP posts:
avocadoandchill · 23/11/2022 14:59

PontinsBeach · 23/11/2022 14:56

@avocadoandchill.

Why is an valid excuse needed to resign?

It isn't but if I were here I wouldn't tell any new employers she quit because they wouldn't tell her if she was staying or not when there was a meeting the next day to tell her.

PontinsBeach · 23/11/2022 15:00

It’s just a very, very toxic work environment witn form for treating people unfairly. I could go on for days Usually, performance meetings are between the hotel general manager and the staff member concerned. In this case, the supervisor asked to be in the meeting for ‘training purposes’ in case she ever goes for a manager job. This supervisor then proceeded to gossip to everybody about how the employee cried during the meeting.

OP posts:
PontinsBeach · 23/11/2022 15:04

The reason I’m invested and asking is because I can see that this employee is a good worker. The supervisor that landed her in the shit has caused no end of issues in her time at the company, including bullying and not bothering to train people. She always gets away with it due to personal family ties to the general manager. She is going through a disciplinary but nothing will come of it. The new job employee is going for is a good opportunity and I hope this company doesn’t decide to spite her.

OP posts:
avocadoandchill · 23/11/2022 15:06

PontinsBeach · 23/11/2022 15:00

It’s just a very, very toxic work environment witn form for treating people unfairly. I could go on for days Usually, performance meetings are between the hotel general manager and the staff member concerned. In this case, the supervisor asked to be in the meeting for ‘training purposes’ in case she ever goes for a manager job. This supervisor then proceeded to gossip to everybody about how the employee cried during the meeting.

Did you take that to HR? Because I would.

PontinsBeach · 23/11/2022 15:07

Another supervisor has been dealing with it. It’s all a massive shitshow. I have decided to leave out of protest at the way this employee has been treated but I need to find another job first as I do have bills.

OP posts:
carefulcalculator · 23/11/2022 15:10

They can't give a spiteful reference, they can give an honest reference, but many companies take the easy route and stick to basics.

Christmasfireplacewreath · 23/11/2022 15:14

AriettyHomily · 23/11/2022 14:50

You can't give a bad reference, it's not a myth. My firms people team or whatever wanky name they have now will only stick boxes, employed from x to y etc.

Of course it’s a myth, what would be the point of references if you could only say good shit` or basic employment confirmation.

you can give a bad reference if it’s factually accurate.

WatchoRulo · 23/11/2022 15:14

AriettyHomily · 23/11/2022 14:50

You can't give a bad reference, it's not a myth. My firms people team or whatever wanky name they have now will only stick boxes, employed from x to y etc.

You are mixing up common practise with what's legally possible - the two are not the same. "You can't give a bad reference" is a myth and untrue.

1Wanda1 · 23/11/2022 15:16

No employer with an HR department would give a bad reference. They just say X worked here from DATE to DATE. Her role was ROLE. They might also give info about number of sick days taken but they won't say whether you were good or bad because of risk of claims.

PontinsBeach · 23/11/2022 15:19

It’s a large hotel chain with a head office and HR etc

OP posts:
Christmasfireplacewreath · 23/11/2022 15:19

1Wanda1 · 23/11/2022 15:16

No employer with an HR department would give a bad reference. They just say X worked here from DATE to DATE. Her role was ROLE. They might also give info about number of sick days taken but they won't say whether you were good or bad because of risk of claims.

This is such utter nonsense. An employer cannot give a reference that is misleading or in accurate, they can however give a reference detailing someone’s performance, be it poor and how and if they were sacked and plenty of hr depts will do so

www.gov.uk/work-reference

landaulaw.co.uk/faqs/can-your-employer-give-you-a-bad-reference/

MavisChunch29 · 23/11/2022 15:25

It would be pretty mean of them to do so, given she turned it around.

PontinsBeach · 23/11/2022 15:27

@MavisChunch29

She actually left on good terms with the manager, he said he understood. But because the place is such a shitshow I just don’t know what will happen.

OP posts:
AndysPandy · 23/11/2022 15:31

AriettyHomily · 23/11/2022 14:50

You can't give a bad reference, it's not a myth. My firms people team or whatever wanky name they have now will only stick boxes, employed from x to y etc.

Of course you can. If it is factual and can be evidenced.

PontinsBeach · 23/11/2022 15:33

I’ve long considered making a thread about this employer, they are awful. Bullying, no training, employees with chronic health conditions in a receptionist role not allowed to sit down AT ALL during shifts even when no customers are around, 10 hour shifts with a 30 minute lunch break, housekeeping employees being fired with ‘bad communication skills’ as the excuse (in reality it’s because they didn’t speak English well), a 17 year old girl being put on a night auditor shift as the sole staff member in the hotel on a Saturday night. I now just WFH doing admin for the hotel and I was so glad to not be there in person anymore. It’s like an abusive relationship.

OP posts:
NadjaCravensworth · 23/11/2022 15:33

AriettyHomily · 23/11/2022 14:50

You can't give a bad reference, it's not a myth. My firms people team or whatever wanky name they have now will only stick boxes, employed from x to y etc.

Of course you can, it just has to be truthful.

Lcb123 · 23/11/2022 15:42

I managed someone who was performing poorly during probation, but they then got made redundant due to lack of funding (position funded by an external grant). When I did their reference, i just put 'xx left during their probation so I do not feel i can give a full and fair assessment of their performance'.

ChicCroissant · 23/11/2022 15:55

If you want to leave OP, leave - but don't use the other employee as an excuse. Her reference has nothing to do with you.

If her reason for resigning was not knowing about her probation status and she left the day before she'd find out that is completely ridiculous. Who would leave a job for the sake of one day?

Onnabugeisha · 23/11/2022 15:59

The employee should put down the name and contact information for the hotel chains HR office to ensure a standard reference. She should not put down the supervisors name and contact information. If they ask for her line manager, I’d put down the hotel general manager’s name and contact information as it sounded like they oversaw the probation and did the feedback meeting(s).

FluffyPancake · 23/11/2022 17:08

Years ago I was told I was going to fail my probation due to having too many sick days sorry for having epilepsy 🙄 🙄 In the end I resigned but my bitch of a manager insisted on putting ‘left during probation period’ which sounds as though I was fired. I told her I had every right to leave but she was having none of it. Luckily, my new employer is lovely and I’m still there 13 years later and are so much more understanding. This is the NHS btw.

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