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Former NHS Employer refused to give needed References


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About two years ago, I was made redundant as a Labour Ward Matron at an NHS Trust which I had worked at for 9 and half years (in same position)I took them to the employment tribunal, but had to drop the case because it was going to cost me more money than my compensation and my job would not be given back.After trying for almost two years to find another job, I finally got one and was asked for two references from my previous employer.This meant I needed two referees from1) My Line Manager (Head of Midwifery)2) Director of Nursing (The boss of Head of Midwifery)So, I the new employer wrote to my old employer asking for two references.This is what happened.Firstly, my former Line manager (whose references were the most crucial to me being awarded the job) said she couldn't give me a reference and passed it to the HR director.I was infomed by the HR Director that I will only get one reference, instead of two that is required, and not from my former line Manager, but from her (HR Director)When I contacted the HR director and asked why I couldnt get the two required references, she informed me that due to the agreement during the employment tribunal (that is, they, the NHS trust, said they would provide me with a glowing reference if I ever needed one). This, according to the HR Director, meant I was only entitled to one.Now, I never signed any agreement that I will only get one reference from them. By the way, is there a limit to the amount of references that a former employer can give you? I thoguht there is a law that is againt witholding a former employees references or giving negetive reference, especially in the NHS.Now, I am stuck.I need help and advice.who can I report this to.I am thinking of contacting my local MP and my local news paper, becasue I believe this is another form of descrimination.

Moluc

S.A.R - (Subject Access Request) Letter sent to Nationwide 5th/09/06

Statement Recieved 20th/09/06

 

 

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About two years ago, I was made redundant as a Labour Ward Matron at an NHS Trust which I had worked at for 9 and half years (in same position)I took them to the employment tribunal, but had to drop the case because it was going to cost me more money than my compensation and my job would not be given back.After trying for almost two years to find another job, I finally got one and was asked for two references from my previous employer.This meant I needed two referees from1) My Line Manager (Head of Midwifery)2) Director of Nursing (The boss of Head of Midwifery)So, I the new employer wrote to my old employer asking for two references.This is what happened.Firstly, my former Line manager (whose references were the most crucial to me being awarded the job) said she couldn't give me a reference and passed it to the HR director.I was infomed by the HR Director that I will only get one reference, instead of two that is required, and not from my former line Manager, but from her (HR Director)When I contacted the HR director and asked why I couldnt get the two required references, she informed me that due to the agreement during the employment tribunal (that is, they, the NHS trust, said they would provide me with a glowing reference if I ever needed one). This, according to the HR Director, meant I was only entitled to one.Now, I never signed any agreement that I will only get one reference from them. By the way, is there a limit to the amount of references that a former employer can give you? I thoguht there is a law that is againt witholding a former employees references or giving negetive reference, especially in the NHS.Now, I am stuck.I need help and advice.who can I report this to.I am thinking of contacting my local MP and my local news paper, becasue I believe this is another form of descrimination.

 

1) In general, there is no obligation to give a reference (even one from an organisation that might give you two)

A reference is from an individual and each individual can agree or decline to provide a reference.

 

2) there is no law that if a reference is provided it must be positive, or avoid being negative. Along with there being no obligation to provide a reference, if one is provided the only obligation is that it must be truthful.

 

3) if you had an agreement (as part of the settlement of your ET claim), you can hold them to the terms if that agreement. If it said "provide a positive reference" : that is their obligation - a reference, one.

If it said "provide positive references" ... Then they must supply more than one.

 

4) if you feel discriminated against : on what characteristic do you feel they are basing the discrimination?

Some characteristics are "protected", others not.

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At Bazza,Actually, an employer, especially in the Medical arena in the UK (NHS) must provide a reference for any former employee that has worked for the organisation. infact this is listed in the NHS handbook. have a read on this, http://www.southernhealth.nhs.uk/EasysiteWeb/getresource.axd?AssetID=16197&type=full&servicetype=AttachmentIn the NHS world, it is mandatory that an employer must give reference for past employee. If the trust refuses to (actually, it is forbiden from doing this) it must give a clear reason as to why it is refusing to.If I would to go down the descriminatory route, I would be going on the grounds of the fact that i had taken them to an employment tribunal, which they do not like (its like David versus 100 Golaiaths)

Moluc

S.A.R - (Subject Access Request) Letter sent to Nationwide 5th/09/06

Statement Recieved 20th/09/06

 

 

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I'm a little confused by your statement:

 

At Bazza,Actually, an employer, especially in the Medical arena in the UK (NHS) must provide a reference for any former employee that has worked for the organisation. infact this is listed in the NHS handbook. have a read on this, http://www.southernhealth.nhs.uk/EasysiteWeb/getresource.axd?AssetID=16197&type=full&servicetype=AttachmentIn the NHS world, it is mandatory that an employer must give reference for past employee.

 

As it states in the link "There is no legal obligation to provide a reference if asked"

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Under the same section, there is this part."• NHS Employers has issued new guidance “Safer Recruitment – A Guide for NHS employers” which states that NHS organisations should provide written references to other NHS employers on request. • Refusal to provide an employee or former employee with a reference could lead to a discrimination claimUnder the NHS Employers Guidance "Safer Recruitment" The former employer must provide references, especially when asked by another NHS Employer. This part is mandatory.

Moluc

S.A.R - (Subject Access Request) Letter sent to Nationwide 5th/09/06

Statement Recieved 20th/09/06

 

 

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are you after personal references from ex-colleagues or an employers reference?

I cannot see how anyone can ask for 2 employers references as you only have one employer.

 

I am after 2 Professional reference from my previous employer, which is REQUIRED and requested by my new employer, in this case, has been my only employer for the past 9 years while i worked there and my former line manager. This is reference, in the field of midwifery, is very ESSENTIAL and important.They are just bitter because i took them to the employment tribunal.

Moluc

S.A.R - (Subject Access Request) Letter sent to Nationwide 5th/09/06

Statement Recieved 20th/09/06

 

 

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I'm a little confused by your statement:

 

 

 

As it states in the link "There is no legal obligation to provide a reference if asked"

 

It also says "should" provide a reference.

"Should" is not the same as "shall" or " must"

 

There is, perhaps a scale of obligation:

May -> should -> shall / must.

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Sorry to hear about the difficult situation.

 

 

Unfortunately I don't think you have any way to force the employer to give specific references from specific people. Employers are actually not under a legal obligation to provide a reference, and insisting that any reference is provided by HR is actually very standard.

 

I am not sure how things are in the medical world, but in the rest of the professional world most large companies now have a policy which says that any reference will only be provided by HR and will do no more than confirm the job title and dates of employment.

 

What would the new employer do if (for example) your former line manager had left the NHS, or retired, or died? It seems a bit off to insist on a reference from a specific person, although I guess those reasons would be easier to explain.

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