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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48209
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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hi..Im a nurse working in a care home, romanian by nationality,

Resolved Question:

hi..I'm a nurse working in a care home, romanian by nationality, and recently through a lot of psychological pressure i was forced' to resign..now I'm concern that they would not give me references to apply in a different place for a job..if this scenario happens is there anything I can do about it?
Submitted: 3 years ago.
Category: 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. Why do you think they would not give you any references?

Customer:

because the new appointed Home Manager is the former deputy with which I was under mediation and that she has full support from the regional manager

Customer:

the home is currently under CQC embargo, the relief manager was moved to a different location and the one in charge now does not like me at all..we had several disputes in the past

Customer:

I quit the job as they dismantled my team and start to accuse me of different issues under supervision type of meetings

Ben Jones :

Employers are not legally required to provide a reference and whether they choose to give one is entirely down to them. So if an employer refuses to give you any reference at all, there is unfortunately nothing that can be done to force them to issue one. It is entirely left at their discretion.

If they choose to give one then they must ensure that it is factually correct and only contains truthful statements.

The only times that you could challenge a refusal to give you a reference is in the following circumstances:



  • If you had a contractual right to receive one, in which case it could amount to a breach of contract

  • If the reason they are refusing to give you one is for discriminatory reasons, for example they deliberately fail to give a reference due to your gender, race, religion, etc. But you cannot just say you are Romanian and that is the reason no reference was issued – you must be able to show that the actual reasons for their refusal had something to do with your nationality

Customer:

no..I'm not discriminated cause am roumanian..the one with which i had a had time and now is in charge is romanian as well

Customer:

i think the answer is that i can't do too much about it..right?

Ben Jones :

if that is the case then it is entirely in the hands of the employer I'm afraid - there is simply no law in the UK that can require an employer to issue a reference iof they did not want to

Customer:

ok..thanks

Ben Jones :

you are welcome

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