Appropriate reference writing has hit the news again in light of the case of a negligent misstatement in the form of a negative reference provided about an employee from his employer.
The Claimant, an independent financial advisor previously employed by Co-operative Independent Financial Solutions (CIFS), breached company protocol twice. The first incidence was accepted as an administrative error and the Claimant was suspended from his role. The second time it happened the employee’s contract was terminated. But when the Claimant tried to find new employment, he found he was unable to secure work due to a negative reference from his employer.
The reference contained negative subjective material and referred to the employee’s suspension, the errors he made within his role and the compensation that was offered to the clients who were affected by these errors.
Section 16.65 of the Employment Statutory Code of Practice states “ [if] a reference is subjective and negative, it is good practice to give the successful applicant an opportunity to comment on it.”
The Judge involved in the case identified certain duties a reference writer must follow:
- The reference writer must carry out a thorough and objective analysis of the facts and opinions of the individual, while taking into account details from any investigations or times prior to the investigation
- The reference writer must ensure the facts are 100% true. If there is an opinion, it must be legitimate.
What can we learn from this?
This case teaches employers several things with regards to reference writing:
- Employers must be able to defend any facts or opinions expressed in the reference and they must be prepared to justify their reference should they be called upon in the future
- Take into consideration any rules that apply to reference writing within your specific industry
- Ask yourself what information is absolutely relevant and what isn’t.
- Avoid making assumptions and speculations and stick to frank and honest views
- If in doubt – seek legal advice
- Take notes in all disciplinary meetings and follow-up meetings
Do you need help with issues surrounding reference writing? Contact Alison via email for more information.
