When giving references can land employers in hot water


A recent case has demonstrated to importance that when giving more than a bare factual reference, employers must ensure that what they say is true, fair and accurate.

The employee in question had two periods of sickness absence and had an on-going disability claim against his former employer. He secured new employment but this was subsequently terminated upon receipt of a reference. The tribunal found that the former employer had over-stated the absences, had failed to explain the reasons for them, intentionally left gaps because his manager was angry at the tribunal claim he had brought and there was a deliberate intention to show the employee in a bad light. He won his claim for victimisation.


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