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The GDPR reference exemption

Under the GDPR employees have rights to access personal data. However, the new Data Protection Act 2018 (DPA) carves out a specific exemption for references. What do you need to know? More...


References: queries about sickness absence

You’ve received a reference request from another employer relating to one of your employees. It asks how many days’ sick this individual has taken in the past two years. Should you answer this question or stay silent? More...


References marked “private and confidential”

You’ve been told that if you mark a reference about an employee “private and confidential”, they will have absolutely no legal right to see it (meaning you can say what you like). Is this correct? More...


What could be better than a reference?

Another employer has provided you with a basic reference about one of its former employees. As it doesn’t enable you to assess the individual’s suitability for a job role in your business, is there anything else you can ask to see? More...


Must you stick to your standard reference?

Let’s suppose that you have a policy of giving standard references which confirm job title and employment dates only. Are you obliged to stick to these basic details or can you disclose more information to a third party? More...


References and post-employment victimisation

The Employment Appeal Tribunal (EAT) has ruled that an ex-employee couldn’t claim post-employment victimisation under the Equality Act 2010 when he was given a bad reference. So does that mean it’s now safe to say what you like? More...


Giving a reference? Protect yourself!

When it comes to giving a reference, the law is pretty clear - employers must stick to the facts and keep their personal opinions well out of it. But what else can you do to protect your position? More...


New Court of Appeal guidance on references

You’ve been asked to provide a reference about a former employee. Trouble is, since they left, concerns over their work have come to light. Do you disclose this fact or keep quiet? What’s the latest guidance from the Court of Appeal? More...


“Hello... I’m calling about a reference”

If an employee has been offered another job, you’re likely to receive a reference request. Quite often, this will be in writing. But some employers opt to pick up the phone and ask for information. So what should you do if you get a call? More...


Playing it safe with references

Due to confusion over the right of individual employees to access their references, new guidance has been produced. What does it say? More...
Last updated: 07.08.2020

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