Verbal references and withdrawing job offer

When a job offer was withdrawn after a former employer provided a negative verbal reference this amounted to discrimination arising from a disability.
Pnaiser v NHS England

Employer prevented from giving full reference

An employer was not obliged to provide further information to the recipient of a standard reference that did not refer to outstanding disciplinary action against the employee or his long period of sickness absence.
AB v A Chief Constable

Reference highlighting unsubstantiated allegations was not unfair

A reference which referred to negative reports and unsubstantiated allegations about an employee was not negligent because it had been made clear to the prospective employer that the issues raised about the employee were allegations only which had not been investigated.
Jackson v Liverpool City Council

Former employer liable to ex-employee for negligently written email

An employer was liable in damages to its former employee for negligent misstatement when it sent, six years after he’d left, a disparaging email to his subsequent employer which led to his dismissal. The fact that this information was not contained in a formal reference was irrelevant: it was eminently foreseeable that the damaging information would cause loss to the ex-employee and as such the ex-employer owed him a duty of care.
McKie v Swindon College

Past employer liable for future loss of earnings

An employer who victimises a past employee by providing a damaging reference to a prospective new employer is liable to compensate that employee for their future loss of earnings caused by the prospective new employer withdrawing its job offer.

Bullimore v Pothecary Witham Weld

Ex-employee victimised by reference

An ex-employee was victimised contrary to the Sex Discrimination Act when her previous employer failed to provide a reference along the lines agreed in a compromise agreement to her subsequent prospective employer.

Pothecary Witham Weld v Bullimore
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