Lawlink – Can my boss give me a bad reference?

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Q. I am in the process of changing jobs – I have had a very good relationship with my last employer. I started off as a general employee, but worked my way up management. Over the last six months I’ve been in and out of work due to illness and am currently only part time, trying to squeeze all my work in. I’ve found other work starting in a few weeks that is part time and might suit me better. I need to keep the job in the meantime. Does my old employer have to sign social welfare forms to show that I’m only part time now. Do they have to give me a reference?

Dear Reader,

Your employer is required to sign the form confirming you are part time. You can apply online via mywelfare.ie and the documentation should be sent to them automatically. If they fail to do so, the Department can move ahead with the application – but in practice most employers sign these forms without too much difficulty.

Anxiety regarding references is common in new employment. Your previous employer, and indeed employers in general, should try and stick to the facts of your employment without giving anything in respect of options. Any reference must be fair, accurate, and true. Indeed, it is now very common to confirm only that you were an employee between certain dates, and make no reference to your job performance etc. This means that even if you part on somewhat bad terms with your previous employer, that cannot come through in the reference that is being given.

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Employers should never include any “sensitive personal information” in a reference. Sensitive data includes medical information in relation to the employee. In the event that you were absent from work, on sick leave, your employer may (but is in no way obligated) to include the fact that you were absent on sick leave, without disclosing the nature of the illness. If your illness was of a nature where it is no longer likely to impact your attendance, you should consider disclosing this to your new employer.

You are and should be entitled to sight of any reference letter furnished – and if you feel that the letter supplied by your old employer negatively impacted a new employment offer, please do consult with your solicitor.