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Unread 2 Apr 2008, 23:05   #21
wakey
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Re: Work place dilemma

Quote:
Originally Posted by Yahwe
well my only questions lie with the words highlighted above. To my eye you seem to be asserting that an employer (i am assuming here that you meant previous employer) is in some way (i am not sure how) stopped/constrained/'not allowed to' say anything negative about the (ex)employee.

I found your statement interesting because I find all new ideas interesting and by asking "what?" I had hoped you would explain what you meant.
I did some work for a while at Citizens Advice an alot of people would come in about negative references and the advice given was almost always to take action against them. Data Protection laws mean both parties have to disclose what was said about you and in 99.9% of cases what can be said about you is little more than hearsay. I guess its not totally true that they cant say anything officially negative as you may have an official warning or simerlar on record that you would have signed but without something like that they cant prove the truth in what they are saying and even if something like is on your file most employers make the warnings null and void by following the wrong procedure so you can often argue that you were forced into signing it anyway so they probably won't raise it in most cases anyway as its not worth the hassle

Now I also worked in a HR department for a while and when it came to handing out references they for the very reasons above wouldn't say anything but confirm the person was employed and the dates because if they did and the references content then counted against the person the company would then be open to being sued on the basis of negligent misstatement'.

So basically unless they have documented evidence that will stand up in court of anything negative they say they are simply unable to say anything negative.
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