Please note that we are unable to offer free legal advice. Our consultation team are here to take your case details and explain any costs involved.
hello@kilgannonlaw.co.uk
Our team is ready to answer any questions
0800 915 7777
Book your consultation today
Top tips for references
Our clients are often asking us what their obligations are when it comes to providing references for ex-employees, and here are our top tips.
When providing references, employers owe various legal duties both to the new employer and to the ex-employee.
New employers can claim for financial loss caused to them by relying on a reference that is too good or misses out something important.
Ex-employees can claim compensation under a number of headings if they believe a reference about them is too poor, including discrimination, victimisation, defamation or negligence.
Stay on the right side of the law by following our top tips for references.
- Generally, there is no obligation to give references, except where not doing so would amount to discrimination or victimisation. There may also be a duty to provide a reference in the financial services sector.
- If giving references, ensure that they are true, accurate and fair, and do not give a misleading impression overall.
- Stick to facts within your own knowledge of the employee. Don’t give an opinion on suitability for a job you don’t know about.
- If raising concerns in a reference, make sure these have been raised with the employee previously.
- Make sure that any criticisms of performance or attendance are not disability related.
- Be consistent in your approach to references. Put a policy about giving references in your staff handbook. This will help defend allegations of discrimination.
- View references received with a critical eye before acting on them; they may be discriminatory and make your company guilty itself.
- Do not provide references “to whom it may concern”. Address references to an individual and mark them “strictly confidential, for attention of addressee only”.
- Avoid oral references. If you do give them, make sure they are in the spirit of any written ones.
- Always add a clear legal disclaimer at the end of any written reference to prevent potential negligence claims from new employers.
- Consider implementing a clear policy of verifying dates of employment and job title in references only. Explain that it is your policy to do so, and stick to it.
If you would like further information, have an issue about references, or would like us to draft a reference policy for you, our experienced team of employment lawyers would be pleased to assist.
The Labour Party came into power in 2024 with a promise of substantial reforms aimed at enhancing worker’s rights, improving work-life balance, and addressing inequalities in the workplace.
Mental health is an increasingly important issue in the workplace, affecting employees’ wellbeing, productivity, and overall satisfaction. As more employees speak up about their struggles, UK employers must ensure they are providing a supportive environment while adhering to legal responsibilities. The legal framework surrounding mental health in the workplace is clear, but understanding how to apply it practically is key to preventing discrimination and promoting a healthy work culture. With World Mental Health Day on 10th October, now is the perfect time for employers to review their obligations and strategies for supporting mental health in the workplace.
Handling Mental Health-Related Absences: Best Practices and Legal Obligations
Mental health-related absences are a common challenge for employers, as mental health conditions can lead to prolonged or frequent time off work. Understanding how to handle these absences with compassion while fulfilling legal obligations is crucial for maintaining a supportive work environment and avoiding potential legal pitfalls. As we approach World Mental Health Day on 10th October, this article outlines best practices and key legal responsibilities for UK employers when managing mental health-related absences.
In the UK, mental health discrimination in the workplace is a growing concern as more employees speak up about their struggles with mental health issues. World Mental Health Day, observed on 10th October, provides an opportunity to reflect on the legal protections in place to safeguard employees from discrimination and to promote mental wellbeing in the workplace. This article will explore the legal framework surrounding mental health discrimination, including how the law defines mental health disabilities, employers' responsibilities, and steps businesses can take to prevent discrimination.
Supporting employees with mental health conditions is not just an ethical responsibility for UK employers; it’s a legal obligation under the Equality Act 2010. As we approach World Mental Health Day on 10th October, it’s crucial for employers to understand what reasonable adjustments are, how they can be applied to mental health, and the steps they should take to comply with UK law while fostering an inclusive and supportive work environment.
The Equality Act 2010 is a key piece of legislation in the UK that aims to protect employees from discrimination in the workplace. While much of the focus on this Act has been on physical disabilities, mental health conditions are also covered under its provisions. As we approach World Mental Health Day on 10th October, it’s important to understand how the Equality Act protects employees with mental health conditions, and what employers must do to ensure they meet their legal obligations.
In the modern workplace, stress is often considered an inevitable part of the job. However, when stress becomes overwhelming, it can lead to significant mental health issues such as anxiety, depression, and burnout. In the UK, employers have a legal responsibility to manage workplace stress and support employee wellbeing. As we approach World Mental Health Day on 10th October, this article explores the legal framework around workplace stress and provides guidance on how employers can take steps to create a healthier, more supportive work environment.
The British Airways Plc v Rollett & Others ruling underscores the importance of focusing on the actual disadvantages caused by workplace policies. Employers are now obliged to be more vigilant in assessing the broader impacts of their decisions, ensuring equity and fairness for all employees, regardless of whether they possess a protected characteristic under the Equality Act 2010.
By proactively addressing these considerations, employers can foster a more inclusive work environment and mitigate the risk of indirect discrimination claims.
Shift work is a necessity in the healthcare sector, ensuring round-the-clock care. However, long hours, night shifts, and irregular schedules can take a significant toll on healthcare workers' physical and mental health, increasing the risk of burnout. This article outlines your legal rights regarding rest breaks, the impact of shift work, and your employer's obligations to minimise the risks.
Mental health conditions are becoming increasingly prevalent in UK workplaces, with far-reaching consequences for employees, businesses, and society as a whole. Employers have a duty of care towards their employees' mental wellbeing, and certain mental health conditions may also be recognised as disabilities under the Equality Act 2010.