PEOPLE BUSINESS HR NEWSLETTER
Beware of careless comments about
ex-employees
Employers need to take care in making any comments or sending communications about an employee, whether they are currently employed or have left the organisation.
This was highlighted earlier this year when the High Court handed down judgement in the case of McKie v Swindon College
Mr. McKie was a lecturer at Swindon College
Sometime after leaving Swindon College he joined Bath University where part of his role was to oversee courses at various colleges, one of those being his former employer Swindon College
A few weeks after Mr. McKie started the new job, the HR Director at Swindon College sent an email to Bath University in the most damaging terms saying that they could not allow Mr. McKie back onto their premises for reasons relating to staff relationship problems and that no formal action had been taken against him because he left their employment before action was instigated.
As a result of these comments, Mr. McKie was called to a meeting with his managers at Bath University and told he could not perform the duties required by the post if Swindon College Bath University
The High Court found that the contents of the email were largely “fallacious and untrue” and its preparation “sloppy and slapdash.” Although it was not a reference, Swindon College were found liable for losses suffered by Mr. McKie.
Points to note
· Give careful consideration to any communications entered into in relation to ex-employees, regardless of the purpose of that communication.
· Think twice about passing even casual comment regarding a former employee where there is a prospect that this may have a detrimental effect on that person’s career prospects.
· Do not make any negative comments about former employees without good grounds
· Comments made should be fair, factual and balanced
Providing references
Responding to reference requests can be either straightforward or troublesome for employers. Organisations should balance the potential liability against a broader concern for providing accurate references in hopes that other employers will reciprocate.
Think about establishing your policy, designating certain employees to give references, and confine remarks to objective, truthful information. These steps may reduce the risk of both defamation and negligent reference claims, help good employees obtain new positions, and prevent bad employees from exposing the organisation to losses, legal liability and unnecessary costs.
Telephone or verbal references
Although requests for telephone or verbal references are frequently received, it is advisable to decline such requests other than in exceptional circumstances, since information given in this way may be misinterpreted. If, as an exception, a verbal reference is given, steps should be taken to verify the identity of the enquirer and notes should be kept of the conversation. The person giving the reference should not make any statements that he/she would not be willing to make in writing.
Content of a reference
You might like to think about what you would say in response to a request, for example, for an ex-employee who:
· Was dismissed from their position for gross misconduct
· Resigned whilst in the middle of disciplinary proceedings
· Had a poor sickness absence record
· Had a grievance brought against them by another employee
The risks of claims have led to many employers simply providing very basic references with name, dates of employment and position held. A less said the better approach may be the safest way in many other situations too.
If you would like advice about establishing a policy regarding references or need help with responding to reference requests we would be happy to discuss this with you.
Please email us at julie.ware@peoplebusiness.co.uk or call us on 01932 874944 or respond at
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