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

I am very sorry to hear that, and sorry for your loss.

I understand completely why you would wish it were not mentioned, but as others have said, there has been no wrongdoing by your previous employer in terms of the law.

I hope that things work out well for you, in your new job and outside.

What a shitty situation, I am so sorry you are going through this OP. Regardless of the legalities, it’s still a nasty thing to do and just unnecessary. They could have just written we cannot comment on performance and leave it there, if they felt they had to say anything.

I would contact the new employer and explain what you have said here as to why you were away from work. I’d also ring ACAS and Pregnant then Screwed, they helped me when I experienced maternity discrimination. I would also be looking at leaving my old employer as quickly as possible and doing the absolute bare minimum throughout my notice period. Twats.

It's the potential new employer that has discriminated having got this information. Direct your anger there.

It's very very concerning the level of incorrect advice on this thread. Some of the advice is absolute nonsense.

The employers have done nothing wrong regarding this reference. They did nothing wrong by stating the op had time off and they were correct to clarify it was pregnancy related.

I'm so sorry for your loss OP but your employers have provided a reference that is correct and reflects your time with the company.

It was legally ok for them to clarify your absence as pregnancy related. Your new employers should not use that information to discriminate you, if they do that's who your fight is with.

Your last point - obviously because they think she has a young child and will not be reliable.

Having a child is not a protected characteristic though.

(Sorry op, to be discussing you this way after your loss, which I was really sorry to read about, and I can imagine this situation is causing you much anguish. Are both roles in the NHS? If so, I think I'd go higher up and complain).

Depends on what the new company asked them, if they asked specifically about performance this is their way of getting out of telling them

How so? The OP hasn’t suggested that they have done this.

Having a child may not be but women have successfully won tribunals based on indirect sex discrimination where employers have made life difficult for parents, as parenting more commonly falls on women. So it’s not as cut and dry as they can discriminate based on you being a parent.

The potential new employer has withdrawn the offer, that's the bit that's discrimination

And of course that is not medical information, that is absence related information which is relatively normal in a reference. Do you think it would have been better for employer to say that she had a significant amount of unexplained absenteeism then?

Even if legally the old employers have stayed on the right side of the law, morally they are disgusting.

Not sure how anyone is genuinely arguing they've 'done nothing wrong'.

Hope you get some good advice from ACAS, Maternity Action or Pregnant then Screwed @recipw

The reason most firms give the basics is due to post employment discrimination.

There is lots of case law about this.

It was initially kicked off by a organisation I was employed by who had a habit of discriminating against and victimising employees around the world (they no longer exist) but then was tested in the UK appeal courts.

Hmm. I'd be asking why the offer was withdrawn. If it was on the basis that you had maternity/pregnancy related absence, I think that's where the issues lie.

The NHS HR departments are, from my experience, quite on the ball with stuff like this usually.

You are better of contacting a discrimination specific charity like Pregnant Then Screwed.

Only because when I had a discrimination case and got initial advice from ACAS, as I had to, they gave me incorrect information. Luckily I had my own union and my own employment lawyer to give me advice plus an recent ex-union rep from a different union and a barrister to give me initial information.

Where are you getting the information from that the offer was withdrawn? I can’t see that the OP has said it was.

You are writing as though someone’s broken the law here. Who has, and how?

OP's post at 8.22.

OP I'm so sorry for your loss. This whole situation must be so distressing. 💐

@CloudybutMild - click see all under the OPs post, you will see her latest update.

@CloudybutMild in her post at 8.22. @RedWingBoots has copied it above

Yes, sorry, I’d missed that.

It puts a different complexion on the situation, and must feel like a real hit given what the OP has been going through, but I still can’t see any route for legal recourse.

The baby died.

If the old employer knew that as they didn't mention it in the reference they have deliberately misled the new employer.

Some discrimination cases aren't clear cut which is why you need advice from organisations/individuals who are use to dealing with complex issues.

It was not a reference I'd have wanted going out from my department.

If the receiving organisation gave you a copy, they were in breach of data protection regulations. The reference was provided by the sending organisation and you should have been referred back to them for a copy.

The receiving organisation may be in breach of GDPR but they clearly had a reason to "accidentally" give the OP a copy.

I know organisations who have done that to other people when they have received bad/nasty references and there have been no repercussions to that organisation.

This isn’t correct, the new organisation can show the person but they have no right to ask the old organisation.

www.gov.uk/work-reference

OP as you can see people on here are not always going to give correct advice. I would rely on Pregnant than Screwed to give you advice, they will put you in touch with a specialist solicitor and the initial call at least will be free.

No they were not in breach of data protection regulations.