by Breda O'Malley April-15-2015
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A consistent approach should be taken to reference requirements for all candidates.
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The employer should have a reference policy in their employee handbook which employees should be aware of. An employer’s best course of action is to adopt and implement a clear and consistent policy setting out who is authorised to give such references, what information should be contained in them, and in what form they will be communicated.
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An employer should ensure that it is true, honest and not misleading. It should be prepared by a member of staff who obtains full knowledge of the employee, from their former Supervisors and Human Resources Department.
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An employer should be aware that an employee can bring a claim for negligence and/or defamation where references have been prepared negligently or produced with malice.
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References should be marked “private and confidential” and a disclaimer should be considered where the reference is going to a new employer.
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An employer should not comment on alleged misconduct or poor performance etc. unless a proper investigation has taken place and these complaints have been substantiated. A reference should not contain any inference related to the nine grounds of discrimination under the Employment Equality Acts (gender, age, marital status, family status, sexual orientation, disability, religion, race and membership of the Traveller community) or sensitive information which may include absences or sick leave.
For further information on the above, contact Breda O’Malley in our employment team at bomalley@hayes-solicitors.ie
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About the Author
Breda O'Malley
Breda practises in both Employment and Commercial Law and is Partner and Head of the Employment Law team at Hayes solicitors. Breda has trained and qualified as a mediator with the UK based, internationally renowned Centre for Effective Dispute Resolution (CEDR). Breda practices as a mediator of commercial, employment, boardroom, charity trustee and shareholder disputes.