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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50191
Experience:  Qualified Employment Solicitor
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I left my previous job on 5th September 2016 to start a new

Customer Question

I left my previous job on 5th September 2016 to start a new job on 7th September 2016, however, I have not been able to start as they still have not provided a reference. This is despite attending an exit interview where the operational director confirmed she would forward one and many attempts by my new employer and myself. I understand there is not a legal requirement to provide one unless it is a regulated industry- surely children & young people sector is deemed as a regulated profession due to legal DBS & safeguarding recruitment ?
I have a 2 job offers, however cannot work due to no response from my previous employer regarding a reference.
To provide you with further details; the manager at my previous company was unfavourable towards my resignation and failed to respond to my resignation letter. I only worked for them for 4 months as I could not align my professional practice values with the company and so felt it was professional to leave. Also my experience as an employee with them was discriminatory to some extent due to a current medical condition- which is my first negative experience as it has never impacted on my role before.
I would welcome some employment advice as it is a first time experience regarding employment references! And I would very much like to remain in the children & Young people's industry as its where my expertise lies.
Thank you Bev
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

Have they provided any reason for the delay or are they simply not responding?

Customer: replied 1 year ago.
Not responding...... I have sent an email yesterday to ask for clarification as a matter of urgency.
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. The obligation to provide a reference does not actually apply to a ‘regulated industry’ in general but it is very specific to the financial sector only. His is because it is governed by specific legislation and regulations which only deal with the financial services sector – not any other industries which one may try and argue are ‘regulated’. So I am afraid that there is no legal obligation on an employer to issue a reference in a sector which involves work with children and young people.

So unless you had a specific contractual right to receive a reference, you were applying for a job which was covered by the Financial Services and Markets Act 2000 or the employer’s refusal is due to discrimination (i.e. because of your age, gender, race, religion, disability, etc) – there would be no legal obligation on them to issue a reference even if that means your future employment opportunities are jeopardised.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.