PANN believes that any employer who knowingly fails to disclose genuine concerns about a childcarer would be failing in their professional duties.
An employer who fails to disclose areas of concern, particularly child protection issues, could find themselves facing charges of negligence.
We believe Tinies is actually doing employers a dis-service. We do not believe many employers would choose to put innocent children at risk for fear of upsetting previous employees. We do, however, believe that there are some employers who willingly give poor references simply because the ex-employee wasn't prepared to be bullied or to work 24/7 for little more than the national minimum wage. Employees must have every right to have sight of what is being said about their ability as childcarers. Undeserved bad references, if not challenged, can result in capable childcarers being lost to the profession for good. PANN has on a number of occasions represented nannies and nursery nurses where previous employers have issued poor references because the employee dared to leave their employ, never to be forgiven.
We agree with Tinies that employers must feel free to state honestly their concerns. But the solution is not to give them free range to say whatever they wish without risk of challenge, nor is it to allow them to withhold information that could put children at risk.
With management comes some difficult situations - not least risking a former employee reading what you thought of their performance which, if you've been a responsible employer, the ex-employee will not be surprised by, as they will have been made aware of any difficulties through appraisals, disciplinary procedures or exit interviews.
* Tricia Pritchard, senior professional officer, Professional Association of Nursery Nurses