By Rehana Hussain of Charles Gregory Solicitors Limited posted in Employment on Friday, August 5, 2016.
Employers have known for a while that they need to be careful when giving references. Most of our clients provide a factual reference only including in a settlement agreement. The reason is that you have a duty to take reasonable care to ensure it is true, accurate and fair and that it is not misleading- a duty that is owed to both the employee and to the new employer. If you gave a bad reference that you can't fully substantiate you run the risk of your employee suing you for damages if they didn't get the job or suffered some financial loss because of it.
A recent appeal case Pnaiser v. NHS England and Coventry City Council UKEAT/0137/15/LA 2015 is a good example of why that approach should be seriously considered. Ms Pnaiser job offer was withdrawn following a reference from her former employer though the former employer claimed that it had not intended to discriminate against her or provide a bad reference. The Employment Appeal tribunal found that the employer intentions were not relevant and found in favour of Ms Phaisner. This case also shows the difficulties for those in receipt of poor references. Click here for more details..
Contact Details:
Charles Gregory Solicitors
2 Hammersmith Broadway
London, Greater London, W6 7AL
Phone no: 2033933219
Mail id: info@charlesgregory.co.uk
Web: http://www.cgslaw.co.uk/
Employers have known for a while that they need to be careful when giving references. Most of our clients provide a factual reference only including in a settlement agreement. The reason is that you have a duty to take reasonable care to ensure it is true, accurate and fair and that it is not misleading- a duty that is owed to both the employee and to the new employer. If you gave a bad reference that you can't fully substantiate you run the risk of your employee suing you for damages if they didn't get the job or suffered some financial loss because of it.
A recent appeal case Pnaiser v. NHS England and Coventry City Council UKEAT/0137/15/LA 2015 is a good example of why that approach should be seriously considered. Ms Pnaiser job offer was withdrawn following a reference from her former employer though the former employer claimed that it had not intended to discriminate against her or provide a bad reference. The Employment Appeal tribunal found that the employer intentions were not relevant and found in favour of Ms Phaisner. This case also shows the difficulties for those in receipt of poor references. Click here for more details..
Contact Details:
Charles Gregory Solicitors
2 Hammersmith Broadway
London, Greater London, W6 7AL
Phone no: 2033933219
Mail id: info@charlesgregory.co.uk
Web: http://www.cgslaw.co.uk/
No comments:
Post a Comment