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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48162
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I used to work for the DWP, I resigned due to an issue I was

Customer Question

I used to work for the DWP, I resigned due to an issue I was being investigated for. There was no outcome to the investigation and it was dropped when I resigned. Now a couple of years on I am looking to change roles and my prospective new employer requires a reference from the DWP. What can the DWP tell my new employer about the investigation?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Do you know if they have a specific policy on references, for example do they only provide a basic factual reference or not?

Customer:

I spoke to employee services of DWP and gave them a what if scenario, based on my question to you. The response was that if the new employer asks they can only give factual answers. So if the new employer asks was Charlie investigated can they say yes?

Ben Jones :

yes they can because that id what actually happened. They cannot say you were found guilty because that was not the case but they can say that you resigned pending investigations into something and give details of that. They do not have to and it would also depend on what questions the new employer asks them, but if they just send a general reference request, they can also simply say you worked for them and mention specific dates and confirm your job with them - it could really be as basic as that. However, if the new employer goes into more specific requests, they will have a duty to be honest and in the circumstances they can mention anything that actually happened as that would be the truth

Customer:

Ok, so it is myth that ex employees cannot give bad references, they just have to be truthful.

Ben Jones :

correct - what you may consider a bad reference is not necessarily that - it is simply the truth, even if it places you in a bad light

Customer:

Ok thanks, ***** ***** hope they ask basic questions.

Ben Jones :

it could easily happen

Customer:

I hear that most employers now only give basic details and refuse to provide more due to litigation?

Ben Jones :

well each has their own policy so it does vary but yes, many do choose to just provide a basic factual reference as it avoids any potential issues in the future

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks for your help.

Expert:  Ben Jones replied 3 years ago.
you are welcome