Providing references for past employees can be risky for employers when it comes to unfavorable information. While there is no duty to provide a reference, it is well established that a duty of care (truth, accuracy, and fairness) is required when giving a reference. Employers must ensure any comments they provide are backed with sufficient evidence in order to avoid lengthy and costly negligence claims. In the recent case of Jackson v Liverpool City Council, an employer chose to leave several unfavorable questions unanswered to avoid running the risk of a negligence case. The employer answered many questions positively, including the employee’s strengths, yet also noted record-keeping concerns, which were never fully investigated. When the employee in question sued for damages, the judge initially agreed the reference was unfair because the employee never had the opportunity to dispute the allegations. However, the Court of Appeals disagreed, holding the employer had not acted negligently and that the reference was in fact, fair. The employer’s actions here successfully achieved a balance between not giving inaccurate or unsupported statements while also not misleading a prospective employer.
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