References

Employers must ensure that the references they provide are reasonable and fair. The case of TSB Bank v Harris [2000] IRLR 157 concerned a situation where there had been a number of complaints against the employee. However, it was the employer's custom to investigate these without bringing them to the attention of the employee who remained ignorant of the complaints. Ms Harris went for another job. Her employers wrote a reference, which listed the complaints against her. As a result she could not get another job in the industry. The EAT ruled that the employers had breached their obligation of trust and confidence to the employee by failing to let the employee know that there were complaints and that they would be used in a reference. It also ruled that the employee's subsequent resignation, when she learnt the truth, amounted to a constructive dismissal by the employer.