H igher and secondary special republic of the republic of uzbekistan ministry of education mamun university

H IGHER AND SECONDARY SPECIAL REPUBLIC OF THE REPUBLIC OF UZBEKISTAN MINISTRY OF EDUCATION MAMUN UNIVERSITY


FACULTY______________________________________________________________

DIRECTION____________________________________________________________

STUDENT_____________________________________________________________
Giving referens


TOPIC_____________________________________________________________________________

SUPERVISOR_____________________________________________________

KHIVA-2022
Giving referens

1. 
   Writing a reference
   
2. 
   Who would be a good reference?
   
3. 
   When should I provide a reference?
   
4. 
   Are employers obligated to give references for former employees?
   

5. 
   

Writing a reference (or giving an oral reference) for an ex-employee can land you in legal hot water, but you don't want to prejudice your employee. Understand your rights and obligations when providing references, so you stay safe, but fair
First, make sure you know whether the reference you are giving is on behalf of your business, or a personal reference from you as an individual. If given on behalf of the business, then the business is responsible for what is in it.
If given on the business' headed notepaper, or via your work email account, it is likely to be treated as a business reference if there is a dispute. Consider introducing a policy that identifies who can give references, and whether they need to be 'signed off' by anyone else first.
What can go wrong when giving references
If you give a written or oral reference, you have a duty to take reasonable care to ensure it is true, accurate and fair and that it is not misleading - a duty that is owed to both the employee and to the new employer.
So if you provide a bad reference that you can't substantiate, you run the risk of your employee suing you for damages if they didn't get the job, or suffered some other financial loss, because of it. In a worst-case scenario, they could even bring an action against you for defamation or discrimination.
Care should also be taken if you agree what can be said in a reference as part of a settlement agreement, as you may be liable to legal action if you do not abide by this.
The new employer could also claim damages against you if you give a glowing reference for an employee who has not in fact been satisfactory, and that person goes on to perform badly in their new job.
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What are my options when giving references?
1. Giving no reference
One option is to refuse, as a matter of policy, to give references for any employee - you are not under any obligation to do so unless your employee's contract of employment explicitly states that you will. But this is inconvenient for your employees and ex-employees.
Failure to give a reference, without any explanation, can also imply that you have had problems with the employee. This could give rise to claims that you have discriminated against them. They could also argue that you have broken the term of mutual trust and confidence that is implied in every employee's contract of employment.
If you have a policy of not giving references at all, respond to each request for a reference with a specific statement that it is not your policy to give them, to avoid misunderstandings.
2. Giving the bare facts
Many employers provide only bare facts - the position(s) held by the employee, salary and other benefits, and commencement and termination dates.
State that this is your policy on the reference you give, so that the new employer does not read anything into the fact that you have not provided fuller details.
You may also agree that you will only provide bare facts as part of a settlement agreement where an employee has been made redundant or has been dismissed.
3. Giving a full reference
Most full references include the bare facts, plus key responsibilities, an assessment of the employee's performance, views on their personal qualities relevant to the positions held, eg honesty, integrity, drive, etc, their timekeeping, and reasons for leaving.
The duty to take care to be true, accurate and fair, and not to be misleading, means you should avoid:
Failingto respond to specific questions in a request for a reference without explaining why.
Omitting key information that a new employer would expect you to disclose.
Organising the information in a way that would give a reasonable person a wrong inference or impression of the employee.
Saying whether an employee is suitable for the role advertised - you do not know what the job entails. If you must say this, qualify it by saying it is your opinion only.
If an employee's performance has been poor or they were dismissed for serious misconduct, refer specifically to the problems experienced with the employee (as well as any positive points, in the interest of balance). It is dangerous to leave them out if they are material
A bad reference is permissible, provided that it is not malicious and that you took reasonable care to ensure that the information is true - for example, by investigating any matter giving rise to the bad reference.
If an employee has been dismissed, ensure that the statements made in the reference tally with the reasons given for the dismissal.
If the employee is senior enough, agreeing the wording of their reference with them may be part of a settlement agreement to resolve their claims, leading to them 'going quietly'.
Your reference policy
Avoid inconsistency - giving a reference in one case and not another, or giving only a factual reference to one employee and a full reference to another - as this could give rise to a claim of discrimination by a disgruntled employee. It is best to establish a policy that states whether you will give references or not and, if you do, who may give them and what they should contain.
Requests to see the reference
If your ex-employee asks to see their reference or a new employee asks to see the reference given by their previous employer, you have to disclose it unless it is given on a confidential basis.
Take advice before giving any reference if it is important to you that your employee should not see it because you consider it is confidential.

If you are obliged to disclose the reference, generally you should take care not to disclose any part of it that relates to another person - ie, anyone other than the employee

Disclaimers
Disclaimers excluding liability for the accuracy of the reference are of limited effect - they will protect you only if they are reasonable. Attempting to exclude liability for a statement is likely to fail if it is something that an employer can be reasonably expected to know.
That said, you may wish to include a disclaimer in your references as a 'belt and braces' measure.
Third parties
All references should be marked 'private and confidential', to make it clear that they are intended only for the person to whom the reference is given (the new employer for example), and must not be disclosed to, or relied on by, any third party - whether by your staff giving the reference, the new employer or, if they have sight of a copy, the employee.
Some employers include a specific statement in the reference that no third party is to rely on it.
Always take legal advice if in doubt.
You'll usually need a reference from your old employer when you're looking for a new job.
If your employer gives you a reference, they can make it as short as they like. A lot of references only say what your job title was and when you worked there.
The reference has to be accurate. Your employer can’t say anything that’s not true.
They also have to be fair when they decide what to put in the reference. For example, they can’t say you were investigated for stealing if the investigation decided you hadn’t done it.
Getting a job without a reference from your employer
If you think your employer will give you a bad reference or won’t give you one at all, you could ask someone else to give you a reference instead.

Look for jobs that don’t need a reference from your most recent manager. Some jobs accept references from other people you’ve worked with - like a different manager or someone you’ve worked for before.

Try to choose someone you’ve worked with recently. It also helps if they have a senior position in the company. Check with them first to make sure they’ll give you a good reference.
The new employer might ask why you’re not giving your old employer’s details. Think about how you’ll explain this to them.
You’ll need to give a reference from your old employer if a job application asks for it - but you might be able to give a reference from the other person as well.
Getting a reference from your old employer
Your employer doesn't usually have to give you a reference unless:
your contract says they will
you have written proof they’ve agreed to give you a reference - like an email
Some regulators also say employers have to give references, for example the Financial Conduct Authority.
If your old employer doesn’t want to give you a reference, you could ask them just to give a short one - known as a ‘basic reference’. For example, they could confirm when you worked for them and what your job title was. A lot of employers only give basic references, so your new employer won’t think it’s unusual.
You might be able to speak to someone else if you don’t want to contact your manager directly - for example an HR department or another manager.
If you think you've had a bad reference
It's worth asking either your new or old employer to see a copy of your reference. They don't have to give you a copy of it but they might choose to. If they give you a copy, you can check what your old employer has said and ask them to change it if it’s not true.
Don't wait to see your reference before you apply for other jobs - it might take a while to get it.
Asking your old employer to give a good reference next time
Think about if you can ask your old employer to give a better reference in future. You might be able to speak to someone else if you don’t want to contact your manager directly - for example an HR department or another manager.
Explain what the problem is and how you’d like them to help. Be as specific as you can and focus on the facts rather than how you feel.
For example, if you’ve lost a job offer because your old employer gave a bad reference, you could:
tell your old employer you were offered a job but it was withdrawn because of the reference
ask them to review the reference to make sure it was fair and accurate
ask them to confirm they’ll give a fair reference in future
Taking action against your previous employer
If you’ve lost out on a job because your employer gave you an unfair reference, you might be able to take them to court.
Going to court can take a long time, and you might not win your case. For many people, it’s quicker to look for another job or ask someone else to give a reference instead.
Your nearest Citizens Advice can help you decide if it’s worth taking your employer to court.
What are references? Who should I ask to be a reference?
References are people who can talk about your work experience, work habits, character and skills. You should choose your references carefully.

As part of the job search process, you may be asked to provide the names of people whom a potential employer can contact to find out more about you. It is a good idea to choose people who can speak or write favourably about you and your work. This will improve your chances of getting the job.

Providing appropriate local references can be a challenge for newcomers. If you don’t have work experience in Canada, you may have difficulty providing this type of reference. Similarly, if your recent work is unrelated to the type of job you are looking for, your references may not be able to speak to the skills needed for the position.