December/January 2018/2019 (vol. 15/4)

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Expert Witness: Job references

Avoiding the pitfalls, especially where health is an issue

Summary:

Providing references for employees and former employees – and making decisions on references for job applicants – can be fraught with difficulty, especially if they make reference to health conditions and/or past sickness absence. OH legal expert Diana Kloss explains

Most employers when deciding whether or not to hire an employee want to know whether he or she gave good service in previous employment and also whether they have any special gifts or flaws. It is therefore standard practice for new employers to ask the candidate to provide a reference from a previous employer. Managers, when approached for a reference, are often reluctant to be too critical of their employee, even if they have found their work unsatisfactory. They are afraid that they may be accused of defamation or unlawful discrimination. They may also be hopeful that an employee whom they have found difficult will move to another job and do not want to spoil their chances…

Diana Kloss is a barrister, former part-time employment judge, Acas arbitrator and author.

Author: Kloss D

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Occupational Health at Work December/January 2018/2019 (vol. 15/4) pp33-35

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