Human resource management practice I also available by michael armstrong

References – legal aspects

The  key  legal  points  that  should  be  considered 

when asking for or giving references are:

 

●

Once the decision has been made to make  

an offer, the letter should state that ‘this is  

a provisional offer subject to the receipt of 

satisfactory references’.

 

●

It has been generally held that there is no 

common law duty on an employer to  

provide references for a serving or past 

employee unless there is a term to that  

effect in the employment contract.  

But it has been ruled (Spring v. Guardian 

Assurance 1994) that there might be a  

moral duty to provide a reference where  

it is ‘natural practice’ to require a reference 

from a previous employer before offering 

employment, and where the employee  

could not expect to enter that type of 

employment without a reference.

 

●

If a reference contains a false or 

unsubstantiated statement that damages  

the reputation of the individual, action for 

damages may result. It is possible to succeed 

in a claim for damages if it can be shown 

that the reference provided was negligent 

because reasonable care had not been taken 

in preparing it, which includes ensuring that 

it is factually correct.

Checking applications

It is a sad fact that applicants all too often misinform 

their prospective employers about their education, 

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