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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48176
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hello, My name is***** and I got this problem.

Resolved Question:

Hello,
My name is***** and I got this problem.
My previous employer wasting my time and the opportunity to work in such a way that, to date despite the multiple reminders reference not sent to the company for which I have to start working. Around November 20th, 2014 was sent the first request for reference, the other was sent December 5th, 2014, and another yesterday and of course we did not receive an answer to one application. Can you advise me what I can do with this problem?
Thank you
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. Did your old contract guarantee you a reference on leaving?
Customer:

I did not get a contract as such but "Statement of main terms of employment" and of course there is not a word that I'm entitled to get some references if I leave the company.

Ben Jones :

I am afraid that by law an employer is not obliged to provide you with a reference, even if you have asked them to do so and this affects your future employment opportunities. A reference is a voluntary thing and they have the final decision as to whether they are willing to provide one or not. There is nothing in law that you can use to force them to give you a reference. They will only be obliged to provide one if you had the contractual right to receive one, but such clauses are rare. The only other scenario is if you had left under a formal settlement agreement (basically a contract between you and the employer where they pay you off to leave on certain terms) and in the process you also agreed a specific reference with them. However, as that was not the case here there is nothing that you can do to force them to provide you with a reference. You will either have to continue pleading with them for one or try and explain to the new employer why you are not getting one and that the old employer is just being difficult, hoping they understand the situation and waiver the requirement to have a reference for you.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

That's the stumbling block, because I work in health and social care field and without references no one will employ me. In addition, about references asked the company for which I have to work. My former employer has set up office that dealt with these references and the problem is that this office works very slowly, so I can lose the place that I asked for.

Customer:

Thank you for your time and I will be hoping that everything will turn out well to my advantage and I can carry out work which I like and that I studied after coming to the UK.
Once again, thank you and Merry Christmas
Sincerely

Customer:

Miluse Korbelova

Ben Jones :

You are welcome and sorry I could not offer you a positive solution that would guarantee you receive a reference but that is your legal position. All the best for the festive period!

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