References - to give or not to give?

Background

Employees are most company’s greatest assets and so employing the right ones is crucial.  Employers who are recruiting have a vested interest in obtaining full and accurate references, however, in these litigious days ex-employers are increasingly guarded with the references they give. 

Employers often have a policy that limits references to dates of employment and job position.  Only last year, South Tyneside Council paid the price for giving a detailed, ‘extremely negative’ and unfair reference to a social worker.  The social worker had a new job offer withdrawn based on the reference given by the Council. It was found that the reference given was unfair and South Tyneside Council was left with a bill of £36,000 after an out of court settlement.

Conversely, with high redundancy rates, some employers feel a sense of responsibility to assist employees in their search for new employment. In certain circumstances, giving a more detailed reference is what some employers feel obliged to do. In doing so, employers should take note of the advice given in this Matters. 

Employees should be aware that employers frequently use social networking sites to seek out information on candidates for a job.  Employees may list a number of suitable and ‘safe’ references on their CV but there is nothing to stop an employer digging around on Facebook or other social networking sites to find out more information. Although employees may have recourse if an unfair reference is given (as set out below), they have no remedy against a potential employer not offering a job based on information gained on Facebook.

Top tips when seeking references:

Some key information to be obtained from a reference includes:

• Positions held

• Length of service

• Previous pay

• Information on suitability/competence – however take care when using this information.  Do not be swayed totally by someone else’s judgement. Significant weight should also be given to impressions given at interviews. 

• Honesty

• Time-keeping

• Reasons for leaving

• Disciplinary record

• Absence record

• Any other relevant personal matters (for example prolonged absence)