The dangers of giving verbal references

When employers are asked for references most want to be open and honest, but a recent case shows the dangers of providing a negative reference for an ex employee.

In this case Miss K had been employed by Coventry Council.  She had had two operations, both of which had resulted in long absences from work.  Following this, she had been made redundant and as part of her redundancy package she had signed a settlement agreement, which included an agreed reference from the council.

Miss K applied for a new job, which was offered to her subject to satisfactory references from her ex employer.  The council provided a reference but also sent an email in which they made an offer to discuss the matter further with Miss K’s prospective employer.

The prospective employer telephoned the council who gave a verbal reference that was not in the format set out in Miss K’s settlement agreement.  In fact, the council suggested that the employee would not be suitable for the new role and implied that her sickness absence had adversely affected her performance when she was employed by the council.

Upon receipt of that verbal reference the prospective employer withdrew the job offer.

Miss K made a claim for disability discrimination, saying that the job offer had been withdrawn only once the employer had discovered that she was disabled.  Although the employment tribunal initially dismissed her claim, Miss K successfully appealed.  

This case is a clear reminder to employers of the danger of providing a reference, in particular a verbal reference, that might contradict any written references, or that might be contrary to that which has been agreed in a settlement agreement.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.