What are my rights to a fair reference

[tubeway]

I worked for a very small family company up to about 18 months ago, when I was made redundant. About 6 months before this there was a minor dispute and I was (unfairly I felt) given a verbal warning. None of the proper procedures were followed - I was taken out into the car park and shouted at - I did not even realise that I was given a warning at the time. After being made redundant I have had several temporary positions, and have recently started the job of my dreams. My new employers have just questioned me about my verbal warning (which is actually how I found out about having a warning from my former employers). I thought that this was all water under the bridge as it all was a long time ago - I was not treated well at my former employers and just want closure.
My question is this - in my contract with my former employers it said that a warning would be deleted from my permanent record after one year. Can they still give a reference stating that I had received a warning after this year, and if not how do I let my former employers know that they should not do this?

[EDDIE51]

How did your new employers find out about a verbal warning ?
A refrence should not make any mention of it as it was not correctly administered. Even if it was done correctlya verbal warning should expire after 6 months. ( I think)
Most refrences now are just a statement of when you waorked there , the job title and the reason for leaving.
Someone with better knowledge than me should see this and answer
I have never heard of an employment cotract that specifies when a warning will be deleated.

[boxtops]

I've worked in places where a warning stays on file for 6 months, after which it is removed from your personnel file if there has been no further problem.

You have a right to see the reference (in fact I always send a copy of any reference I give, to the individual being described) and it can't be defamatory as you would have the right to take action against an employer saying something untrue.

You should have been told that you had a verbal warning (rather than what appeared to be a verbal bollocking, which is not the same thing) as a verbal warning is part 1 of a disciplinary process, where a telling off can be a one-off matter.

If I were you I would contact ACAS (have a look at their website). Their advice is free and they will tell you how you should approach this problem.

[ojread2]

This should assist you
http://www.direct.gov...aceDisputes/index.htm

I think your previous employer is being particularly nasty and vindictive, alongside petty

[bednobs]

hi, if you already have the job, and they are happy with you and you are happy with it, i wouldn't worry too much. You can explain the circumstances, and if your current employers like you and your work, there is no problem

[grffindoor2011]

References have to be accurate and tell the truth. They could in theory mention about the written warning. However, many employers are frightened to give 'bad' references because anything considered to be not 100% accurate could result in legal action. If you found out that you have been given a bad reference then you could sue.

This reminded me of one of my first cases as a regional union rep, 89ish. Man left of own accord, his boss wrote the reference and on the bottom put 'he smells and i don't trust him'. The employee found out, made a complaint and the boss was sacked. Unbelievably the boss then went to a tribunal, which he then lost. I got great satisfaction out of that one.

[dotty.]

when you say they have just 'questioned you' about a verbal warning during your previous employment, how was this 'q1uestioning' handled? in what way did they explain what they were doing? was it a formal meeting with your line manager?

[tonywiltshire]

Your ex-employer is generally under no duty to provide you with a reference, though most companies will even if it is only to confirm the dates you started and left and the positions held. If they do provide a reference it must be fair and factually accurate. If it is negligently written there may be a liability in tort, you may be interested in Hedley Byrne v Heller 1963.
I would concentrate on the new company