Topics

Providing references

New and updated

  • Effect of pending litigation

    Date:
    1 January 2002
    Type:
    Law reports

    In Chief Constable of West Yorkshire Police v Khan (11 October 2001), the House of Lords has ruled that it is not unlawful victimisation to refuse to provide a reference in respect of an employee because the employee has a pending discrimination claim against the employer and the employer needs to preserve its position in the outstanding proceedings.

  • Employment references: Refusal to give reference pending resolution of litigation did not amount to victimisation

    Date:
    3 December 2001
    Type:
    Law reports

    In Chief Constable of West Yorkshire Police v Khan, the House of Lords holds - unanimously - that an employee was not victimised when his employer refused to provide him with a reference for new employment while race discrimination proceedings brought by the employee were continuing.

  • References: Reference giver's duty of care where employee left while suspected of dishonesty

    Date:
    1 July 2001
    Type:
    Law reports

    In Cox v Sun Alliance Life Ltd, the Court of Appeal holds that an employer was, through one of its employees, in breach of its duty to take reasonable care to provide an accurate and fair reference for a former employee, who resigned before the employer had completed pending disciplinary proceedings involving investigations into allegations of misconduct.

  • When providing a reference what duties does an employer owe to a former employee when the employment has terminated during unresolved disciplinary proceedings?

    Type:
    FAQs

  • Kidd v Axa Equity & Law Life Assurance Society plc and another

    Date:
    1 May 2000
    Type:
    Law reports

    In Kidd v Axa Equity & Law Life Assurance Society plc and another [2000] IRLR 301 HC, the High Court held that the duty of care in respect of the provision of references extends to taking reasonable care not to give misleading information.

  • Victimisation complaint upheld

    Date:
    1 March 2000
    Type:
    Law reports

    In Coote v Granada Hospitality Ltd (No.2) a Stratford employment tribunal (Chair: J Cole) has upheld on its merits the victimisation complaint by a woman who claimed that she had not been given a reference by her former employer because she had brought a discrimination complaint against them.

  • Unfair reference given because of sex case

    Date:
    1 March 2000
    Type:
    Law reports

    A woman who was given an unfair reference by her line manager because she had brought earlier sex discrimination proceedings was unlawfully victimised, rules a Bedford employment tribunal (Chair: D Crome) in Capeling v Secretary of State for Environment and Transport.

  • Protection against post-employment victimisation

    Date:
    1 September 1999
    Type:
    Law reports

    In Coote v Granada Hospitality Ltd (No.2) (19 May 1999) EOR87B, the EAT rules that it is possible to construe the Sex Discrimination Act 1975 so as to enable a claimant to make a victimisation complaint in respect of events that occurred after the employment relationship had terminated.

  • References: No breach of duty of care in giving reference mentioning unproven misconduct charge

    Date:
    15 July 1999
    Type:
    Law reports

    An employer did not act in breach of its common law duty of care in providing a reference for a former employee which stated that, when he had taken voluntary severance, he was suspended from work because of a charge of gross misconduct, but that disciplinary proceedings had lapsed automatically when his employment terminated, holds the Court of Appeal in Bartholomew v London Borough of Hackney.

  • Asian sergeant victimised

    Date:
    1 December 1997
    Type:
    Law reports

    A police sergeant of Indian origin who sought promotion with another police force was unlawfully victimised when his Chief Constable refused to give a reference to the recruiting force, contrary to normal practice, on the grounds that the officer had an outstanding tribunal application for race discrimination against him, rules a Leeds industrial tribunal (Chair: D J Latham) in Khan v The Chief Constable of West Yorkshire and others.