Are my old employers allowed to give this flaky reference?

[recipw]

It seems a bit unfair.

My potential new employer has requested a reference from my old workplace.I left there in June.

They have come back with 'x was employed here from this date to this date, however, can't comment on performance much as off on maternity related sick and maternity leave for a long duration'

Is there anything I can do about this?

Thank you

Nope, they shouldn't comment on performance unless you were fired for gross misconduct or something similar. Certainly nothing maternity related - you need to complain.

Complete tosh

Is it factually accurate? Then yes, they can. There’s no “allowed” to be considered though, your old employer can say whatever they like. What they should say is only things which can be proved factual to avoid a complaint being raised, but they only run that risk if the ex-employee finds out about the reference (I’m guessing your potential new employer has given you this info)

For anyone else benefit - there is no law against a bad reference, only one which is deemed not factual. Ex-employers have every right to disclose if you had a terrible attendance record, were dismissed, underperformed etc as long as they stick to the facts as part of the disclosure.

Of course they can comment on performance, as long as it’s true!

Actually, I don’t think the reference is particularly flakey. It’s helping you by saying you were off work but making it clear that it was down to maternity and pregnancy reasons. They might have had a bit to fill in saying how many days were you absent/sick.

Did you have any performance reviews while you were there where you had feedback on how you were doing?

I didn't want my pregnancy disclosed. It's a bit annoying really. That was confidential.

I don't have a baby from it. She died. So again, I didn't want this disclosed

If its factual, they can.

No performance reviews no

This. So yes OP, they can write whatever they want as long as it is factual. Which you have admitted it is.

They don’t have to do the OP any favours.

(HR Director)

I would contact your old work about it OP, given what you’ve said here it actually seems like quite a nasty reference to give, and contact ACAS and Maternity Action.

I’m sorry for your loss

I'm curious, anyone saying they can't do this because it's discrimination or because employers can't comment on performance, what case history are you relying on?

I’m so sorry for your loss.

It must feel that your old employer is being unkind about your quite understandable absence.

I'm really very sorry for your loss, OP, that's very hard indeed.

In those circumstances your company could have been more compassionate and nuanced, for example by just confirming your dates of service and job title.

But I don't think they broke any law.

Sorry, hadn't refreshed. I am sorry for your loss. I don't think they've done anything legally wrong though.

It is a factual and a true reference. What do people think ACAS can do about that exactly? No external authority anywhere is in the business of making sure people are the right amount of nice and compassionate to each other.

I'm very sorry for your loss, OP.

I'm so sorry for your loss, OP. That must have been very hard. I can understand why you didn't want it disclosed.

I would have just provided a factual reference confirming job title and dates employed. If their reference was factually accurate, I don't think they've done anything wrong from a legal point of view, but given the circumstances, I think they should have been a bit more discreet.

I am sorry for your loss 💐

For those saying you can’t comment on performance have you ever seen a teacher’s reference. It’s all about performance

From ACAS:

References and discrimination

It's usually against the law for information on any of the following – known as 'protected characteristics' – to be used, whether providing, requesting or checking references:

age
disability
race
gender reassignment
marriage and civil partnership
pregnancy and maternity
religion or belief
sex
sexual orientation

www.acas.org.uk/providing-a-job-reference/what-employers-can-say-in-a-reference

How long were you employed, and how long were you in maternity leave and maternity related sickness for OP?

With that information in line, have they broken the law then? Seems to suggest from ACAS that they have

But this is just then trying to get across that discriminatory references can lead to claims.

a reference could say “Jane is female”. That refers to sex. It isn’t discriminatory.

I recently did a reference saying ‘ I cannot make an accurate assessment of performance or re-hire due to the candidate leaving during their probation’ - that is true and accurate. I guess this is different as maternity related, if it was me I would have just said ‘xx worked here for these dates in this role’

I would definitely give ACAS a call to discuss it with them as your next step.

0300 123 1100 - open Monday to Friday 8am-6pm

You can call anonymously.