Our Employment Legal Hour is hosted by Gary Smith, Partner in our Employment Department.
If you require further help regarding employment law please phone us on 01279 755777 or contact Gary Smith directly.
Our Employment Law Team will be hosting the Nockolds Legal Hour on the following dates:
|Wednesday 16th August 2017 ||12pm - 1pm |
|Wednesday 27th September ||12pm - 1pm |
|Wednesday 8th November 2017 ||12pm - 1pm |
Our Latest Legal Hour Questions (16.08.17) Read your previously answered questions here
I am worried that my last employer will give me a bad reference. Can they?
Employers (including past employers) are prevented from giving inaccurate or misleading references. They are not prevented from giving bad references.
For example if an employee is dismissed for gross misconduct the former employer can say so. Similarly if an employee has a poor attendance record the employer can say so. These may both be considered bad references but there is little that can be done as long as they are true.
However if your employer/former employer gives an inaccurate of misleading reference you may sue that employer for any losses that you suffer, normally your salary and other benefits until you get another job.
The first step in deciding whether to do this would be to make a request from your employer/previous employer for a copy of that reference in accordance with your rights under the Data Protection Act.
I have heard about the abolition of Tribunal Fees. When will I get mine back?
Following the Supreme Courts’ ruling abolishing Tribunal Fees the Ministry of Justice is currently deciding how best to reimburse parties of the fees they have incurred. This is more complicated than simply repaying the monies to the employee as, where the claim was successful, the employer would have reimbursed this already. The fee should then be reimbursed to the employer. Unfortunately the MoJ does not have any record of when this has happened.
We are hoping that the MoJ will announce its plans shortly but no firm date has yet been set.