Previous employer will not give me a reference, anything I can do?

CML

Hi There all,

I have been having a problem where my previous employer will not give me a reference as i think its because of time off sick due to a disability.  Do you know if there is anything i can do?  this is a large education organisation whom is a disability confident employer.

Rosie_Scope

Hi @CML, sorry you haven't had any responses to this yet. How are things going?

You could try contacting ACAS to see where you stand, they might be able to advise you

Is there anyone else who might be able to give you a reference?

michael57

an employer does not have to give a reference by law unless its in writing in your employment contract i believe you could overcome this by asking for a short reference stating you started working on blah date and finished on blah date if it is in writing in your contract they cannot lie and your time off sick or whatever may hinder you as well 

MW123

@CMLEmployers are not obligated to provide references. However, if an employer routinely provides references for able-bodied employees but refuses to provide one for a disabled employee, or offers a negative reference specifically related to disability-related absences, this could constitute discrimination under the Equality Act 2010. 

The burden of proof then shifts to the employer to demonstrate a legitimate, non-discriminatory reason for their actions. While your former employer has pledged, as a Disability Confident employer dedicated to safeguarding the rights and advancing the inclusion of employees with disabilities in the workplace, their actions appear to contradict this commitment, especially if you discover that they are exclusively providing references to specific employees.