The Dangers when Giving a Reference

In the case of Pnaiser v NHS England and Coventry City Council, the Employment Appeal Tribunal held that an Employment Tribunal erred in its approach when it found that a claimant had failed to establish a prima facie case of discrimination arising from disability, after a job offer was withdrawn following a negative verbal reference given by her former employer.

This case highlights the dangers to employers and prospective employers when seeking and providing references and how important it is for employers to consider carefully the form of any agreed reference when entering into a settlement agreement. Read our Briefing Note entitled “The Dangers when Giving a Reference” for further information and advice or contact Amanda Pullinger or Aaron Heslop in our Dispute Resolution and Employment Teams.

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