Employment Lawyers Can Answer Your Employment Law Questions
Hello my name is ***** ***** I am happy to help you today.
They can put anything that is truthful into a reference and as this is truthful there is nothing, at law, to prevent them from including this.
However that is not to say that they may be willing to amend or agree different wording in order to settle the matter.
I am sorry that your son has had such a dreadful accident.
That is the problem as I see it. There has been no full investigation and at this moment is an allegation without conclusion.
I understand that one has to be very careful in putting any allegation in writing that has not been proven.
Hi under the circumstances it is a bit mean of them to try to include that wording but they are not saying he has been found guilty just that there was an investigation ongoing, which is truthful.
The are only prevented in law (negligent misstatement and defamation laws) from saying something factually incorrect.
Not really, as he did receive the promised "good reference" from the headmaster on 27/08/13 but since the LEA seem they want to go down their route.
From Employment Guidelines on net I found these statements
Unwise but not unlawful is absolutely the position. They cannot be stopped from saying something truthful as I have already stated. They may be willing to negotiate aternative wording.
I realise that this is not the answer you wanted but it is the legal position.
Could you suggest a line for me. I am only trying to help my son in future to possibly get a teaching post in a couple of years if he is up to it.
The only thing you can do is ask them to remove the wording. If they are not willing to then you do not need to accept the settlement , although they would be able to fairly dimsiss him then on the basis of capability.
I obviously will but is there a one liner you could suggest "without prejudice"
Are you still on-line?
yes I just had to take a call.
I'm not sure that the words 'without prejudice' will help you. You could write to them to say that you think that their insistence on including the wording goes against the principles of 'natural justice' and that as a public sector employer you are surprised they are willing to act against those principles given your son's inability to defend himself or partake in any disciplnary proceedings. You could threaten to bring it to the atttention of the council's legal team and / or a local councillor. That might make them think again.
Great, and thank you very much. I will pay for your advice and thank you for your time
No problem all the best with it and I hope your son makes a good recover.