Can my former employer give false information on my reference?

I have seen my reference and it has false information on it, can my former employer do this?Can my former employer give false information on my reference?
it is illegal for a former employer to give a bad reference, they can decline from giving one without stating reasons but that is it.


if they have given you a bad reference then you could sue them.Can my former employer give false information on my reference?
no it has to be a true reflection of your performance, if they quote anything untrue you can sue them
If he doesn't like you he can.


But you can always report him.
you cannot give false statements on a reference the employer can refuse to give a reference but is not allowed to lie or alter the truth as the law will see it as they are hindering you to gain alternative empoyment and you can take them to a tribunal
Generally speaking, employers are not under a duty to provide a reference for a current or former employee, so if they don't want to provide a reference they usually won't have to.





However, there are five exceptions, situations where employees may be legally entitled to a reference.





The first, which is uncommon, is where the employment contract has an express term stating that the employee is entitled to a reference. The second possibility arises where a term is implied in the contract, for example because the employer has traditionally given references in the past for employees of a similar level. The third is where a manager, or someone with authority, has assured the employee that a reference will be provided. The fourth is the fairly common situation where an employee leaving after an internal dispute gets a reference as part of a compromise agreement. Finally, there may be a regulatory requirement on the employer to provide a reference and this may require specific information.





There are also times when it may simply be prudent for employers to give a reference, where for example, an employee has brought or is threatening to bring discrimination proceedings against the employer. Here, if an employer refuses to give a reference, the employee could try to bring a claim for victimisation. Such claims have succeeded in the past where employees have been able to show that the reason they were not given a reference was because they had previously made a discrimination claim. Employers can sometimes defend their reluctance to give a reference in these circumstances if they can show that the real reason they did not give the reference was because they did not want to prejudice their defence in ongoing legal proceedings.





Basic rules for writing a reference


The employer must use all reasonable skill and care to make sure the facts contained in the reference are accurate and that the opinions expressed in the reference are reasonable.


Even if the reference is factually accurate, the employer must avoid creating an unfair impression of the employee concerned, for example by focussing on negative facts and omitting to include more positive facts about the employee.


If an employee has been the subject of disciplinary action, the employer should only refer to this if:





It genuinely believes in the truth of the facts which are being referred to; and


It has reasonable grounds for believing that the facts are true; and


It has carried out as much investigation into the matters referred to in the statement as is reasonable under the circumstances.


Generally speaking (except, for example, where industry rules or practice require a full and frank reference) references do not have to be full and comprehensive. The employer's obligation is merely to provide a true, accurate and fair reference that does not give a misleading impression. The chapter-and-verse reference is unnecessary. Some employers make a policy of limiting their references to the bare facts of the employer's employment, such as the dates of the employment and the position they held.


Employers are entitled to set parameters within which the reference is given, such as by stressing their limited knowledge of an individual employee.





Employers who give misleading or inaccurate references could find themselves facing claims from either an employee himself, or from another organisation which has relied on the reference to its detriment. Bear in mind also that, under the Data Protection Act, an employee may be entitled to see his or her reference by making a subject access request. If the reference contains something which the employee regards as unfair, this could lead to conflict and even litigation. An employee who has been the subject of an inaccurate reference can sue the employer for negligence. This is because the employer had a duty to take reasonable care in the preparation of a reference.





To succeed in such a claim the employee must be able to show that:





the information contained in the reference was misleading;


because of the misleading information, the reference was likely to have a material effect upon the mind of a reasonable recipient of the reference to the detriment of the employee;


the employee suffered loss as a result (for example the withdrawal of a job offer); and


the employer was negligent in providing such a reference.


Employers should be particularly wary not to fall into the trap of giving ';off the record'; references, perhaps over the telephone. If the employee can prove that a reference was given (for example, by asking for the employer's phone records during the course of litigation) and contained anything misleading or inaccurate, the employee might be able to bring a claim against the employer.





Similarly, a third party employer that relies upon a misleading or inaccurate reference to its detriment might be able to sue the party that gave the reference for the loss which it suffers as a result. Again, this is because the duty was on the person providing the reference to make sure it was fair and not misleading.





Finally, employers should always bear in mind that it is possible that a departing employee for whom they are writing a reference might bring an Employment Tribunal claim.





With this in mind, if the real reason the employee was dismissed or felt he had to leave was because of his poor performance, but the reference is generally favourable and does not mention poor performance, then if the employer has to defend a constructive or unfair dismissal claim, it may find it difficult to explain why it gave a good reference.
no it is illegal and you are able to sue them.
An employer can write what they want. However there are laws against perjury and slander. So, on that basis, you won't often see anything too bad. However, you can easily say just as much by not writing something...
Nope. In fact, most companies are too scared to get sued to even give references anymore. If you can prove it, find an attorney. I assume the info was bad for you?





Most companies will only confirm dates of employment anymore. Nothing further.
The employer can give his own opinion on the quality of your work, time keeping etc but it is obviously an offence for him to give false information.