Work Reference

[Jo1760]

Hi,

I was hoping someone maybe able to give me some advice regarding a reference for work.

I have been in the same job for the past 9 years. I work in the field of childcare and in order to get another post I need to provide references. With my previous employer being one of them.

My problem is I am about to go off sick and i know its not going to be a matter of weeks, its more likely to be months. My employer hasn't been all that supportive in terms of understanding what is going on with me and I do get the feeling that if i take more than a month or two I am going to find going back to work very difficult. i know I will be under pressure to come back early and I am concerned it maybe too soon. I am also very aware that because of the way I have been feeling I haven't done the best job I could at work.

So my question is, if I do not end up returning to work for this employer after my time off, where do I stand legally in terms of a reference. I am very aware I will find it difficult to gain future employment if I dont have one. My employer will also not give me one in advance.

Sorry the post is long. Thank you in advance.

X

 

[DiagnosisBipolar2]

Recent case law indicates that there can be a legal obligation on a current or recent employer to provide a reference, as refusal to do so may damage the individual’s opportunity of gaining employment. A claim for direct discrimination or victimisation may arise where the employer refuses to supply a reference.

It is now clear that discriminatory and certain detrimental acts committed by any employer after termination of an employee's contract are within the remit of the discrimination legislation and the detriment provisions of theEmployment Rights Act 1996. The following anti-discrimination provisions are all relevant to the provision of references:

Disability Discrimination Act 1995
Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S2003/1673) (due to come into force on 1 October 2004
Sex Discrimination Act 1975
Sex Discrimination Act 1975 (Amendment) Regulations 2003 (SI2003/1657)
The Race Relations Act 1976
The Race Relations Act 1976 (Amendment) Regulations 2003 (SI2003/1626)
Employment Equality (Religion or Belief) Regulations 2003 (SI2003/1660)
Employment Equality (Sexual Orientation) Regulations 2003 (SI2003/1661)
Employment Equality (Age) Regulations 2006 (SI 2006/1031).

 

[elvis the cat]

Hi jo i totally understand your concern as i worried about the same thing when i first went sick as i had only been with my empolyers 6 weeks when i went off sick due to unreasonable demands of the job & my employers . . i think that you would have to do something that requires dissaplinary action for them to refuse to give you a referance and by law they are not allowed to give you a bad referance . so u should have no problems .
spotty xx

sorry if advice is not much use .

 

[Jo1760]

Thank you very much Diagnosisbipolar2 I really appreciate you posting the information regarding the various acts. I will have a look into them in a little more detail.

Thank you spotty for your advice. It is very much appreciated. I have to say its not that I haven't been doing my job, but as many will understand everything just seems to be taking me twice as long because my concentration is terrible. I also just dont feel all that 'on the ball' of late. I haven't been through any disaplinary procedure - its not to that extent.

Thank you.

x

 

[dib4uk]

I used to work in the childcare industy so I know how it is, and no bosses regardless of what the law says, in childcare they're not all together that friendly when an employee has to take time off etc..because for them they have to find replacement.

However, when I changed jobs- I got a really really negative reference from a boss where I was struggling in quiet with depression and stress. Its the way they word it to be honest.

 

[elvis the cat]

bid4uk u r so right about how references r worded and that that can make the difference between getting a job and not getting a job .