Jessemey v Rowstock & Another 2014 was a case that was heard at the Court of Appeal last November.
The Lord Justices Maurice Kay, Ryder and Underhill handed down their judgement on 26th February. The case was about the post-termination victimisation of Mr Jessemey by his former employer in the form of a less than positive reference.
At nearly 10,000 words long the judgement – while very important to every employer to understand it – is somewhat challenging to quickly grasp its implications. Fortunately I am signed up with Tipm@il. Last week's email gave guidance on what I to do in the future when asked for a reference.
Tipm@il said:
"If you’re asked to provide a reference about a former, or even an existing, employee, it’s far safer to decline on policy grounds or provide the basic facts only, e.g. dates of employment and position held, as this will limit your exposure to any claims.
The Court of Appeal has said that disclosing such information can amount to victimisation – so either decline on policy grounds or stick to the basic employment facts. Use our reference reply and you won’t go wrong."
This year the topics covered by Tipm@il has included flood planning for the future, 2014/15 (and beyond) payroll changes and NI and tax breaks for businesses. Anyone can sign up to receive the weekly email at indicator.co.uk.
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