dudders
Member
- Location
- East Sussex
Depending on what your giving reference to, for someone getting a job or flat or FAC/SGC... You cannot take financial reward from the person applying.
What part of that do you not understand?A referee for a FAC/SGC applicant can't take payment for the service. But there's nothing illegal in my charging a company that requests a reference from me for a potential employee. It's the employer or landlord that's asking for it, NOT the applicant.
If you were legally allowed to pay/charge someone to be a referee, then what's the point? The 'background check' would be pointless - may aswell get Joe Blogs off the street and give him money to pretend to know you.Joe Blogs has applied to work in your company. He's given you a list of previous employers, one of whom is me. You send me a form asking me to answer all your questions about Joe's suitability for the job. I've had a few of these, and although I've never dreamed of charging, I'm quite at liberty to say to you "that's fine, on payment by you of my fee of twenty squids. You're not getting my time fer nuthin, mate. This information is to your advantage as well as Joe's, and I don't owe you a favour." The fact of making a charge doesn't mean that the information I give you will be dishonest. You will probably refuse and that's fine by me - so will I.
As a referee it is also your legal responsibility to inform of any reason why they would be unsuitable. And you have a duty to report the person, if their state of mind/suitability changes over time.
As a referee, I have no legal responsibility at all, except to tell the truth (see above), otherwise I could be sued if it could be proved that I had lied about the applicant, who then turned out to be bad news for his employer or landlord. I have absolutely no duty to report after my initial reference if I realise they've changed for the worse. A doctor might have that duty, but you've already pointed out that a doctor is not a referee, so I'm happy to be let off that hook. That's his problem.
Going back to my first post on this, I only said that if I should ever get charged because the police have spoken to the doctor about my shotgun renewal, I will thereafter tell anyone who asks me for a reference that they will have to pay for it, or do without. So they'll do without. Fine by me. Not much to get excited about.
As you rightly say, let's hope it gets resolved, in such a way that everybody knows in advance what the costs are and that everybody pays the same fee for the same service. Today, the licence application makes clear that you may be required to have a medical report for which you may have to pay. Any further medical reports must be paid for by the police. It's only the business of the police asking the doctor for an initial opinion that's causing all this trouble. Can't be too difficult to sort out?