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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46743
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My daughter has been offered a job in a care home run by BUPA

Resolved Question:

My daughter has been offered a job in a care home run by BUPA but before she
can start she needs a reference from her previous employer which is a domicillary care company. Despite being asked on about 6 occasions they have not replied to any requests for a reference and will not even confirm her dates of employment so she is now left with no job or income. What can I do?
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. Sadly there is very little that can be done in the circumstances. There is no legal obligation on an employer to provide a reference and they cannot be forced to do so. References are provided on a voluntary basis, unless her contract guaranteed that she would receive one. So if they refuse to provide one there is nothing in law that can change that. She would need to try and prove her dates of employment by using other means, for example tax records or payslips and hopefully the new employer will accept that
Ben Jones : Hope this clarifies your query?
Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

Customer: Hi Ben, thanks for your answer, I was afraid that would be the case. What I find difficult to understand is that she has applied for a job in a care home and according to the CQC guidelines they must obtain references on people before they start working in care, however another company that is supposedly regulated by the CQC doesn't have to provide one.
Ben Jones :

Hi, I understand the predicament you are facing but there is simply nothing in law that would force the old employer to issue a reference, even if both were CQC employers. It is immoral, but not unlawful unfortunately

Ben Jones :

Hope this clarifies things for you?

Customer: Yes, thank you.
Ben Jones :

you are welcome, all the best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46743
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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