References

Resources

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  RF01: What legislation governs references?

  There is no detailed legislation specifically designed to deal with the provision of references to employees in all occupations. However the following legislation is relevant...
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  RF02: Can an employer refuse to provide a reference for an employee?

  Yes, an employer can refuse to provide a reference as there is no statutory duty to provide an existing or ex-employee with a reference. It is increasingly...
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  RF03: Can an employer provide a bare minimum reference for an employee?

  Yes, it is increasingly common for employers to have a policy of providing a bare minimum reference. If this strategy is adopted it should...
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  RF04: What type of discrimination or detriment claim can arise if an employer refuses to give a reference?

  A claim for direct discrimination or victimisation may arise where the employer refuses to supply a reference. In some cases an indirect discrimination claim may arise. There may also be possible...
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  RF05: What should an employer consider before supplying a reference?

  There are a number of points to bear in mind when giving a reference as follows:...
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  RF06: As the author of a reference, what duty of care does the previous employer owe to the prospective new employer who may rely on the reference?

  The provider of a reference owes the recipient of the reference a duty of care under the principles of negligent misstatement if the latter suffers loss as a result of...
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  RF07: What duties does an employer owe to the employee for whom they are writing a reference?

  An employer owes the employee the three duties set out below concerning the provision of a reference. If an inaccurate reference is given, attempts ahould be made...
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  RF08: Can an employer disclaim liability by putting a disclaimer on a reference?

  Some companies try to exclude or limit this liability by the use of disclaimers. Employers should use disclaimers as they may deter...
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  RF09: An employer has received a reference request that asks about sickness absence. The employee in question had a high level of sickness absence over the last 12 months part of which relates to an operation. How should the employer respond?

  A number of issues can arise if an employer has received a reference request which requires information about sickness absence. Both the Equality Act 2010 and the the Data Protection Act 1998...
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  RF10: Is it safe for a former employer to omit mention of a suspected event of gross misconduct from a reference?

  A former employer will probably be exposed to a claim from a subsequent employer if there is a serious issue of gross misconduct which the former employer omits to mention. If an employee leaves...
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  RF11: An employer has received a reference request for an employee who is currently bringing a discrimination claim against them. How should the employer respond?

  If an employer gives a reference for an employee who is currently bringing a claim against them it should be safe to respond by concisely stating....
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  RF12: How much compensation could employers be liable for if they supply an unfair reference?

  The amount of compensation which employers may have to pay if they supply an unfair reference will vary depending upon the type of claim the employee brings, the loss suffered by the employee and...
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  RF13: How do the requirements of the Data Protection Act 1998 apply to providing a reference?

  There is some published guidance on data protection and the provision of references. In November 2005, the Information Commissioner's Office produced a 'good practice note'...
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  RF14: What do employers need to be aware of when making job offers conditional upon receiving satisfactory references?

  It is common practice for employers to make offers of employment expressly conditional on receiving satisfactory references...
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  RF15: Is an employer liable for comments about an employee outside the context of a reference?

  The short answer is that yes an employer can be liable to claims for comments about an employee outside the context of a reference. However....
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  RF16: Are there any future developments expected in the area of references?

  Unusually for employment law, the principles relating to references are relatively settled...