References
Key points As the High Court remarked in Lawton v BOC Transhield Ltd [1987] IRLR 404, an employer is under no legal obligation to give a former employee a reference. But, if he (or she) does do so, he owes a duty to that employee to take reasonable care to ensure that the opinions he expresses in it are based on accurate facts and, in so far as the reference itself states facts, that those facts are themselves accurate. When an employer approaches another employer for information and opinions about one of the latter's employees (past or present), it should be self-evident, said the court, that the employee in question has proffered his (or her) former employer's name as referee, that he is being seriously considered for employment elsewhere, that he is relying on the former employer to get his facts right, and that an adverse report would almost certainly result in his being taken off the short list or remaining unemployed for an unspecified period. In other words, th