Tricky reference situation

[SingingGoldfinch]

Hi - I recently provided a reference for a former employee. This employee was very difficult and there had been a whole string of issues during their time with us. The reference I provided wasn't bad, but could probably be described as neutral (It was a tick box form and the ticks went in the middle box.) The recruiting employer then followed up with a phone call where I gave some constructive comments on their queries but was generally positive. I have now heard directly from the former employee that the job offer has been withdrawn due to my reference being unsatisfactory. They are asking me what happened and threatening to follow up. I'm worried this could get messy. All I did was provide an honest reference but I'm concerned I could end up getting hauled over the coals. Any advice gratefully received.

I gave a bad reference once for an employee I wouldn’t inflict on my worst enemy. It was bad but truthful. I also always phone new employees previous employers if I get an average reference, which it sounds like you gave, for an off the record discussion. Why would anyone want to employ difficult people when there are so many good candidates out there?

You’ve done nothing wrong, OP.

You’ve done nothing wrong, OP.

Morally; no she hasn't. Legally, she may have done if she cannot prove her subjective opinions.

It's unlikely that it will go that far but if the employee is a bit crap; they may take it further if they're struggling to get a new job.

If some one asked me to be their referee I would decline if it wouldn't be a positive reference. Awkward at the time but saves issues further down the line.

When unexpectedly asked for a reference where I wouldn't employ the person again I would pass to HR to provide a neutral factual reference. I would avoid giving a phone call reference.

Your hr gave out good advice, but are a bit useless not having a reference policy that all line managers are aware of.

Thank you AgentProvocateur - that's exactly my take on all this. And I agree Greendale - info on how an employee has performed in their last role is really useful. I know from bitter experience that people can say all the right things and put on an impressive act during a selection process and then they're just not up to it once in post.

As for what I've done being illegal! Really!?! I've merely filled out a reference form honestly. It would be tricky to evidence the tick box answers on that form as they were subjective, but I answered neutrally anyway.

I wasn't asked in advance if I would be happy to provide a reference on this occasion. My HR dept doesn't do it - it's down to individual managers. I know this particular individual struggles to find referees (I wonder why)

Speak to HR and /or your legal department before responding to any more messages ... Summarise the situation for them and request that they advise you of a course of action.

Ideally, you should be able to respond to further queries with 'I am unable to comment further, please contact HR / Legal.'

Do you also have internal records of performance /disciplinary / sickness issues or appraisals that show the employee in a less than glowing light? It might be worth preparing a file to have to hand if only to make yourself feel better.

Yes, I have internal records of absences/attendance issues and performance appraisals which show the employee in a less than favourable light. The person was also known to have performance issues by a number of Directors, who would also quantify any of this.

I have already notified HR of the issue and am not responding to any more messages from this individual. My Head of Service is also aware and has said he'd back me up with this. He thinks I've been over-generous!