Bad reference

[Rose5677]

I have signed up to an agency who have sent off my references.

Thing is I’m worried about my previous employer. I left on reasonable terms but It was v complicated and long story short I was bullied( by management ) but it was turned around on me. I reacted badly ( crying / argued back with manager ) , but it was said I had valid points .I put forward my side and I was investigated but I had no formal warnings. I had a meeting and a talking to. The people In question wanted me out really but I stayed a few months after that. Got on with colleagues well , was a shame to leave but had to for my MH( the actually job was very stressful too, with daily threats of violence and verbal abuse).My last performance check was ok, not great .

Anyway , now I’m worried. Would the agency tell me if it was bad ? I just want to put it all behind me . But if it comes back bad I’m prob up shit creek with out a paddle. Other people have had the same problems as me ( bullied and left). But they have all gone off grid so I can’t ask them or speak to them .

No worries katrina

I think you think that Sunshine said it was illegal Katrina, when she was actually saying it wasn't.

Slow browser cross post 😂

We should have a "myth busting" thread for the Employment board with all the crap people spout along the lines of "you can't give a bad reference" or "all employment lawyers will give you 30 minutes free".

As others have said of COURSE you can give a factual bad reference - Anne was dismissed for stealing - but it's probably not wise to give a bad reference based on opinion - Anne was a miserable cow and I didn't like her.

It's really not much to do with being 'good' or 'bad' - it just has to be factual. So if, for example, they ask something along the lines of 'was this person ever given a disciplinary sanction' the answer would be yes/no and then they may ask to elaborate. You said you didn't get given a warning and performance check was ok so you should be fine .

Anything around your behaviour, attitude etc. would be an opinion and therefore subjective, which is why people tend to get confused with the 'it's illegal to give a bad reference' - it wouldn't be factually correct and most employers would avoid asking/answering these types of questions anyway.

Rose5677, in the last 20 years of being a line manager, I've only refused to give a reference to an employee once. For good employees, I'm very enthusiastic but for this person, I just couldn't do it. She had made my life hell.

She still got the factual reference from HR stating how long she had worked for us and in which position.

I would not worry about it. Managers in general know they can only be factual in their references. He/she might not be very enthusiastic, but I'm sure they'll keep it simple

Employers are not allowed to give you a bad reference.

Why do people keep trotting out this shit? Of course they can give a bad reference as long as it’s factual.

Thank you all for your replies :)

urgh, I get so peed off when people keep thinking its illegal to give bad references.

So many people think they can get away with bad behaviour as a result and just quit their jobs when things go wrong assuming they'll have no issue getting alternative employment.

Employers can still, in a way, give a false reference too. For example, if your manager is a horrible bully who puts you on a performance improvement plan, your manager can say that in a reference because its true, even if you didn't deserve that performance improvement plan and it was solely a tactic to bully you.

Most employers just give a factual reference - Joe Blogs worked here between these dates - to be on the safe side.

Yet there isn't always a way of knowing what kind of reference they will give - you don't want to ask as that lets them know you are looking! Plus it can often depend on WHO in the company you use as your reference.

HR depts increasingly release a reference policy for managers, in which they state that managers do not have authority to give references either electronically or using company letterhead, for precisely the issue highlighted on this thread. The risk is that if a manager gets it wrong, says something that is inflammatory or objectively inaccurate albeit subjectively what they personally believe to be true, it can cause a company a lot of hassle. So HR take it out of their hands and control the issuance of references, in a standardised format, called a 'bland' or factual reference. Testimonial style references are becoming increasing rare.

OP you are probably right to feel some concern because of the negative circumstances during your final weeks there, but the reality is that unless you were dismissed for gross misconduct or something serious happened, which they would be entitled to disclose they will highly likely err on the side of caution and give you a bland factual reference. Fingers crossed for you.

And from what you stated, the negativity was not of your making anyway.

Agencies will try and sell your skills. If you go for a permanent job you might be asked why you left your last one. Just make sure you can answer this truthfully so that alarm bells don’t ring for employers. Sometimes at interview things slip out. Just keep it positive.

I'll think you'll find your incorrect. In UK law a bad reference is illegal

You are.

Which law is that then? Can you provide a link?

There is no law. It is a myth.

Just like the one you can live with your Bf safely for three days on benefits.