The Business Exchange Bath & Somerset Issue 4: Summer 2017 | Page 16

THE TRUTH ABOUT REFERENCES
by Jo Kangurs, KeystoneHR
There are lots of misconceptions and concerns around giving references. It
is a topic that many of my clients ask about, so here are my top five things
every employer should know before giving a reference:
1 There is no legal duty to
provide a reference
Whilst there is usually no obligation to
provide a reference (with the exception of
a couple of specific sectors) it is important
to bear in mind that a refusal is likely to be
interpreted in a negative manner i.e. that the
reference would be very bad.
2. References must be true,
accurate and fair
Employers have a duty towards the employee
and the recipient of the reference so they
must take reasonable care to ensure the
information being given is true, accurate and
fair, and doesn’t give a misleading impression.
Failure to take such care may result in the
employer facing legal action if a negligent,
careless or misleading reference causes the
employee financial loss.
3. Be consistent 5. Sickness absence
It is sensible to adopt a policy on giving
references to ensure a consistent approach
is being taken. For example, who in the
business is authorized to provide references
and what information should be included.
Nowadays most employers prefer to provide
basic information such as start/leave dates
and job title. Employers must get explicit consent from
the employee if they are providing sensitive
personal data, such as mental health
information. Some reference requests ask
for ‘number of days an employee has been
absent’ and whilst providing the number
of days, but not the reasons why, doesn’t
require explicit consent there is still a risk of
disability discrimination.
Finally, whilst the Data Protection Act
does permit a previous employer to give
a reference in confidence and refuse to
provide the ex-employee with a copy, no such
provision exists for the new employer that
receives the reference. This means that, in
most cases, if the employee puts in a request
to their new employer, they will be able to
see the reference the old employer provided.
We are offering readers of the Business
4. Settlement agreements
When an employer receives a reference
request for someone who has left under a
settlement agreement it is essential to check
the wording of any reference agreed as part
of the settlement and ensure this is provided
to the recipient.
Exchange a free one-hour review of your
current HR practices and documents.
If would to discuss this opportunity in
more detail or are looking for HR support in
your business please do not hesitate to get
in touch.
@keystone_hr
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16
THE BUSINESS EXCHANGE 2017
For more info:
www.keystonehr.co.uk