[Magdalen] References (was Re: Lexington Bishop Suspended)

[Roger Stokes]

On 30/03/2016 19:08, ME Michaud wrote:
> Srsly, when do people give reasons for firing someone (to anyone but the
> fired and not even them always).
>
> I've seen a chief of service fired with no public reason given. A bit of
> chatter, a few murmurs, and it was all over.

There is a principle that you can be sued for what you say in a 
reference but not for what you fail to say.  As a result some 
organizations have a strict policy about what they will say of a former 
employee of whom a reference is requested by a potential future 
employer.  They will only say that X worked for them from date 1 to date 
2 as [post title].  Some reference seekers may include the question 
"Would you employ this person again?" but I suspect that organizations 
with that strict gasic facts only policy would say that it is not 
company policy to respond to specific questions in requests for 
references, thus avoiding the risk of being sued for a prejudicial comment.

In David's situation, as he observes, any reference needs to be bland 
and general.

The situation over the short-lived Organist and Choirmaster appointment 
at Smoky Mary's presents other issues.  The article in the "Oxford 
Times" that Scott referred us to in regard to Simon Whalley does not say 
if he was prosecuted in the criminal courts. The absence of any 
reference suggests to me that he was not.  I would also have thought 
that if he had been then his application for permission to work in the 
USA might well have hit a road-block when the relevant federal agency 
processed it.  Recalling that "Google is your friend" I have just 
googles Simon Whalley's name.  This revealed that Mr Whalley was not 
present, nor represented, at the hearing referred to in the newspaper 
article.  Further the hearing was held last month with the decision 
being handed down on 3 February 2016.

That being so I am not sure what would have been revealed in a Google 
search as part of the recruitment process.  Did he resign from Abingdon 
School in late 2014 or was he dismissed?  I think it may well have been 
the former as this would have obviated the need for the full 
time-consuming (and expensive) disciplinary process. He contuned in hus 
role as Lecturer and Fellow of Keble College, Oxford until June 2015 but 
this was only a part-time role and the page on the college website 
regarding his leaving there includes good wishes for his new role at 
SMV, New York.

Bottom line - appointing somebody always has an element of risk. You can 
exercise due diligence, utilising such sources of reliable information 
as are available to you and asking probing questions where possible but 
the risk of being consciously misled by an applicant is always there.

Roger