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my mate lost his job....the only thing stopping him getting a new job is the bad reference his old company gives to a new employer.
now i heard that your ex employer cannot give out a bad reference.{gross misconduct}
can anyone tell me if this is true or not?
thanks adie
 

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My wife is in HR and she said that the dismissal for gross misconduct can, legally, be put on a reference if a reference is asked for,. However, they cannot put any detail on it such as what the person did. That does not not stop the new company from phoning the old company and asking what happened.

In normal instances, if someone left their job, then they cannot give a negative reference. They can decline to give a reference or a standard one giving the persons employment dates to confirm he/she worked there.

"A ruling stated that as long as the reference is factual and true, it can take any form. If the company you apply to has a standard reference request form, it will ask on it "reason for leaving". The company cannot lie about this. It may be that if the company you have left says you were sacked for gross misconduct, the new company could contact them for more details. It is worth noting that a company who gives a false reference (ie. a good one when the employee was obviously not good) can also be taken to court. "
 

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That is all correct, but normally a company wouldn't divulge the reason why you have been turned down, only the fact you had?

You can give a bad reference however if it does result in you losing the job (which is very hard to prove generally) then you could potentially take legal action against your former employer, have a look here: Getting it right when using references | Acas Workplace Snippet June 2013 | Acas
 

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I would agree with all that has been said, but I would add the I hope that your mate told his new, prospective employer why he left his previous employment, in which case they would already know that he was sacked and he would have told them what for.

if he did not divulge this or in anyway tried to mislead or keep it from them, that would be why he did not get the job.

I would consider someone for employment even if they were dismissed for an act of gross misconduct (depending on what it was) but I would not consider anyone who tried to to that or anything else from me.
 

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Surely it all depends of what one companies definition of gross misconduduct is? Seems like a very large banner to hide under, covering all sorts.
 

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Surely it all depends of what one companies definition of gross misconduduct is? Seems like a very large banner to hide under, covering all sorts.
there are fairly standard lists of what gross misconduct is. eg stealing, fighting etc. You can google gross misconduct and get a flavour for what it is.

A company would almost never use gross misconduct unless it was absolutely sure of itself. The opportunity for claims against them is much to risky.

Without even knowing what happened, if i was told gross misconduct, I'd believe it.
 
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