References

An employer owes a duty to take reasonable care to provide a true and accurate reference for an employee and runs the risk of being liable to pay damages for the provision of an inaccurate reference that causes the employee loss.

However, duties are also owed by the provider of a reference to the prospective employer who relies on the reference.

It is important for an employer to have a specific policy on the giving of references and due thought should be given to :-

• Giving responsibility for the provision of references to one senior individual in the organization in order to achieve consistency of approach.
• Drafting all references with appropriate care and skill to ensure fairness and accuracy.
• Including in references only those matters which can be fully substantiated.
• Undertaking full and complete checks to ensure that any unfavourable information in a reference is correct and fair and any reference to disciplinary issues should only take place following full investigation and determination.
• Giving references only in writing.
• Giving appropriate consideration to the provision of only basic employment details in a reference.