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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48190
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have just been let go from my job after my new employer received

Resolved Question:

I have just been let go from my job after my new employer received a bad reference from my previous employer. Having seen the reference some of the answers given were purely an opinion and i know that there is no documentation to back up the claims they made about me.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What kind of opinions did they give?
Customer:

They gave an opinion in the form of a rating on my time keeping attence (4 out of 4) my performance (3 out of 4) and then Team Player (1 out of 4 "poor") and Communication (1 out of 4), I feel that there is no ground for the poor ratings as to my knowledge i have never recieved any feedback either written or oral that i am not a team player.

Ben Jones : Hi sorry fir some reason the system had not informed me that you had replied and I just found your response by chance. Whilst there is no legal obligation on employers to provide a reference for past employees, if they choose to do so they will automatically owe them a duty to take reasonable care in its preparation. This requires the employer to be accurate in the contents of the reference and ensure it is based on facts, rather than just personal opinion. However if the employer can show that they had valid reasons on which to base these remarks, they could potentially justify the reference and it can make this hard to pursue. So even if you did not know of the actual reasons that led them to make the reference in question, if there were actual circumstances and facts which existed then potentially such a reference can be made. So it really depends on what they used to base these remarks on. If it is obvious that incorrect facts have been relied on, the contents are false or misleading, there may be a potential case for negligence against the employer and this matter could be taken further by seeking compensation in the county court for any damages caused. But as mentioned, if the employer can justify why they said what they did, it can make such a claim difficult to pursue. It is nevertheless an option should you wish to take this matter further. Hope this clarifies tour position?
Customer: That's excellent thank you very much for your help.
Ben Jones : You are welcome, all the best
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