References! An interesting topic, they are required by employers and often used inside voluntary organisations. There is a duty to be true, accurate, fair & not misleading. Here are my notes, mainly on the case law. …
One source is p62 , of the LRD’s Law at Work 2018 which lists a series of court cases establishing that if references are given they must be true, accurate, fair and not misleading (Spring vs. Guardian Assurance 1994).
Trade union activists and whistleblowers have additional protection or at least additional grounds for complaining. References must comply with the Equalities Act duties of the employer.
I found these today,
- The CIPD page on references and case law , requires a login
- https://www.gov.uk/work-reference, which details that some businesses have to give them, otherwise they don’t
- https://www.lawdonut.co.uk/business/employment-law/dismissals-and-redundancies/giving-references , which is what I used when writing advice to LP branch secretaries