In his latest blog, Clive Mackintosh, an experienced settlement agreement solicitor explores employer references, including key legal considerations, and best practices.

The Employment Rights Act 1996 (ERA 1996) doesn't directly address the specific legal validity of employer references. However, it provides a broader framework for employment rights and obligations that can indirectly impact the accuracy and fairness of references.

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Key Legal Considerations for Employers

When providing a reference, employers must be mindful of several legal principles:

Duty of Care

Employers have a duty of care towards their employees, which includes providing accurate and fair references.
False or misleading information can lead to legal claims, such as defamation.

Data Protection

‍‍Personal data, including information shared in references, must be handled in accordance with data protection laws, such as the UK GDPR.
Employers should only share necessary information and take appropriate security measures.

Discrimination

References should not contain discriminatory information or comments.
Avoid making statements that could be perceived as discriminatory based on protected characteristics like age, gender, race, or disability.

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Best Practices for Providing References

To minimize legal risks and ensure fairness, employers should follow these guidelines:

Clear and Concise

Keep references concise and focused on relevant job performance and conduct.

Factual and Objective

Avoid making subjective or opinionated statements. Stick to verifiable facts.

Neutral Language

Use neutral language and avoid using terms that could be interpreted as negative or discriminatory.

Check Company Policies

Refer to company policies on providing references to ensure compliance.

Employee's Right to a Reference

While there's no explicit legal right to a reference, it's generally considered good practice for employers to provide them. However, the nature and content of the reference can be subject to legal constraints.

For some employees, obtaining a detailed factual and supportive reference when exiting their employment can be more valuable than negotiating a compensation offer.

For advice on concluding your settlement agreement contact Clive Mackintosh today, call 0330 043 8845, email clive@solicitor.help, or request a call back.