In giving a reference for an ex-employee, an employer can refer to allegations of misconduct or poor performance that were not investigated due to the timing of the employee's departure, provided the reference makes clear that the allegations have not been investigated and that no assumptions should be made about what the outcome would have been.
Indeed if the employer is providing a reference including more than dates and job titles, it may need to include such details to avoid being misleading. Any comment made should be true, accurate and fair. It may also be helpful to set out what the likely course of action would have been if the allegations had been upheld, particularly if this would have been a lesser sanction than dismissal. (Jackson v Liverpool CC, CA).
Key contacts
Samantha Brown
Managing Partner, Employment, Pensions and Incentives, UK and EMEA, London
Steve Bell
Managing Partner, Employment, Industrial Relations and Safety, Asia and Australia, Melbourne
Emma Rohsler
Partner, Head of Employment, Pensions and Incentives, EMEA, Paris
Tim Leaver
Partner, London
Andrew Taggart
Partner, London
Fatim Jumabhoy
Partner, Head of Employment & Workplace Investigations, Asia, Singapore
Barbara Roth
Partner, New York
Christine Young
Partner, London
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.