Providing references: an employer’s responsibilities

A recent High Court decision provides useful guidance for businesses on how they should deal with the competing rights, legal obligations and interests of the parties involved when providing a reference. The court held that a police force should not be permitted to send a further reference to the new employer of one of its former senior officers, advising the new employer of the officer’s extended absence record and of unproven disciplinary allegations outstanding against him at the time of his departure.

Although the court accepted that there was a strong public interest in providing full and frank disclosure, the officer had a legitimate expectation that outweighed the public interest in disclosure. In this case, the officer had relied on an undertaking given by a senior officer that only a standard reference would be provided.

A checklist that sets out the key issues a business needs to consider when providing a reference for a current or former employee is available on request.