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Old 04 February 2004, 03:53 PM
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weapon69
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Question Employers Reference's

Just wondered about what exactly an employer can put in a reference when you leave the company? More specifically how much absence an employee has had for whatever reason?
The company i work for now have an OHA and i wondered if they are allowed to disclose any of that information to my future employers?

Cheers
Old 04 February 2004, 04:01 PM
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ProperCharlie
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i don't know the exact legalities but in general employers tend not to give bad references to avoid the possibility of the employee disputing it. once you are gone, you are not their problem anymore and so they have nothing to gain by giving you a bad ref. obviously, you can't lie - e.g say someone had an excellent attendance record whne they were in fact off every other day, but unless you are asked something specifically you just don't mention the employee's weak points.
Old 04 February 2004, 04:06 PM
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OllyK
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You often find the reference is blunt if they are not happy:

Dear Sir / Madam
We would not employ this person again.
Yours x
Is the classic
Old 04 February 2004, 04:09 PM
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weapon69
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This absence is linked to a specific health problem that i wouldn't wish a future employer to know about. Just wondered what is allowed in a reference and what isn't.
Old 04 February 2004, 04:21 PM
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OllyK
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I would say it depends on the nature of the health problem. If it is likely to re-occur or is ongoing and may affect you attendance with your new employer, it is your duty to notify the new employer anyway. If the problem is solved and is not likely to re-occur then you should be OK.

I suppose the bigger question is how do you get on with your employer? If things are a bit acrymonious then they may not give you the best reference in the world. Whatever they do put has to be factual. If you have had a poor attendance record due to a serious condition, I don't see why they couldn't put that, if they mentioned what the condition was then that may be a different issue.

Do you have access to a Rep or Union that you could ask? Also try calling the citizen's advice beaureau - always seem to know about all sorts of things, or call your local DHSS (or whatever they are called these days).

HTH
Old 04 February 2004, 04:25 PM
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weapon69
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I have very good relationship with my managers and they have written me references for other things.

Should be ok i think then.

Cheers.
Old 04 February 2004, 04:26 PM
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kend
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The only way to ensure that your sickness record is not disclosed is not to use the company as a reference. Although they shouldn't say what you have been off sick with, they can't lie as a referee, and if the new company specifically request information about sickness absence they should provide it.
There is now a legal 'duty of care' when writing a reference, so that if your referee omits something significant, (for example they don't mention that an employee has been off sick 3 days out of every 5) then the new employer can take legal action against the referee if this comes to light later. Similarly if somebody gets a glowing reference, which turns out later to be obviously bull, the same can happen.

For this reason if there is something you don't want them to reveal then find a different referee.
Old 04 February 2004, 04:27 PM
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Jerome
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Originally Posted by weapon69
This absence is linked to a specific health problem that i wouldn't wish a future employer to know about. Just wondered what is allowed in a reference and what isn't.
AFAIK, most employers just give a reference confirming you worked there between certain dates and your job title/description. Much more and they risk all sorts of litigation. Even if specifically asked, all they could do is list the number of days you were absent. Any ex-employer would be extremely foolish to reveal any medical information about an ex-employee.

I would be more concerned that the new company may ask you to fill out a medical questionaire or undergo a medical.
Old 04 February 2004, 04:30 PM
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weapon69
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OK, another question then. Do Banks/Building societies generally do medical stuff then? like a questionnaire.
Old 04 February 2004, 04:30 PM
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OllyK
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I have very good relationship with my managers and they have written me references for other things.
Then I would suspect them to provide the minimum that they are required to do with regard to your illness. If you feel you can approach them, it may be worth asking directly.
Old 04 February 2004, 04:38 PM
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Dracoro
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If your medical history has any legitimate impact on your new job etc. then surely the new company would require a medical which would show up your medical history. The don't, or shouldn't, need to find out this information from your previous employers.
Old 04 February 2004, 04:50 PM
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Scooby96
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Think you'll find any future employer worth their salt will ask you to declare your medical history.

Better not apply at PPP then as they will definitely ask as people have got jobs here before to get very expensive private healthcare that they would have had to wait ages for on the NHS.

Edited to add:

Any employer with a company health scheme (pmi) should also be asking medical history as to protect themselves from new employees joining them to get private treatment at their expense - especially those with a risk+ / cost+ type policy (ie non full insurance)

Last edited by Scooby96; 04 February 2004 at 04:54 PM.
Old 04 February 2004, 08:26 PM
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dba
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Originally Posted by weapon69
Just wondered about what exactly an employer can put in a reference when you leave the company? More specifically how much absence an employee has had for whatever reason?
The company i work for now have an OHA and i wondered if they are allowed to disclose any of that information to my future employers?

Cheers

an employer can only answer the questions they are asked,and as long as they are honest are not in trouble

so,if they are asked if you have had good,average or poor attendance,and they say poor,thats ok,providing the ex employee had an absence level above their threshold,as an example

they CANNOT offer the info in the first place
Old 04 February 2004, 08:48 PM
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Scooby96
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They can if asked for an opinion
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