An employer when giving a reference is automatically protected from liability right?
Wrong over the last 20 years there have been several cases that have changed the landscape on the giving of references. Here are 3 key tips for getting it right:
- to take reasonable care to be satisfied that the facts set out in the reference are accurate and true and that, where an opinion is expressed, there is a proper and legitimate basis for the opinion;
- where an opinion is derived from an internal investigation, to take reasonable care in considering and reviewing the underlying material so that the reference writer is able to understand the basis for the opinion and be satisfied that there is a proper and legitimate basis for the opinion;
- to take reasonable care to ensure that the reference is fair, in the sense, of not being misleading either by reason of what is not included or by implication, nuance or innuendo’.
Beers Solicitors are offering a seminar on avoiding the pitfalls of references at our Kingsbridge office on Tuesday 8th October 1.30 -2.30pm the cost is £10 which will be donated to our charity of the year Activities 115.
Please call Sue Symons to book a place on 01548 855009.