Discriminatory Verbal Reference

Victoria Shepherd

Victoria Shepherd

Email Click to email
Phone 01952 278585

6 January 2016

Pnaiser v NHS England and Coventry City Council

This case concerns an employee, Ms Pnaiser, who was considered disabled within the meaning of the Equality Act 2010. She was made redundant from her role with Coventry City Council and, as a part of this process, she signed a Settlement Agreement which included an agreed reference.

When contacted for a reference, her former manager supplied the agreed reference but also stated that she would be happy to discuss the reference further upon request. The prospective employer then called Ms Pnaiser’s former manager who proceeded to disclose that she had taken a significant amount of time off as a result of her disability and this had affected her performance.

This led to the job offer being withdrawn and, subsequently, a successful claim for disability discrimination. Whilst the employer in this case should certainly not have deviated from the reference that had previously been agreed, this is a prime example of the dangers companies face with regards to references and highlights that even former employees can be a source of tribunal action. We therefore suggest that the reduced risks make a short, basic reference by far the safest and least risky option and would be happy to provide a free, no obligation template upon request.

At Alpha, we are specialists at providing expert advice on any employment issues you may face. If you would like to have Alpha on your side, please feel free to contact us.

Testimonials

  • Martin Kaye

    Martin Kaye have provided advice in some highly complex HR matters and they continue to provide our day to day HR advice through their "ALPHA" HR scheme. They offer a very commercial and pragmatic approach and we have always been impressed by the level of service. The members of staff are approachable and easy to deal with.

    Eurofilms Extrusion Ltd

  • Martin Kaye

    Martin Kaye have provided us with employment and HR advice for several years and we have been very pleased with the level of service and quality of advice provided. We have no hesitation in recommending the team to any organisation which wishes to manage its employment related enquiries.

    D Wauchope, Company Secretary - McPhillips (Wellington) Ltd

  • Martin Kaye

    As a large employer of cleaning personnel, we require expert and prompt employment related advice. Martin Kaye's "ALPHA" service provides this in a clear and robust manner. We have been extremely impressed with the service and would thoroughly recommend them to any employer requiring expert HR & employment support.

    J Conry, Chairman - JPC Cleaning

  • Martin Kaye

    It is important for us to create a close relationship with our advisors. Martin Kaye's "ALPHA" HR service is excellent. It enables us to work closely with our lawyers particularly in the complex area of employment law.

    Johnny Hobeika, Operations Manager - Sanita (UK) Ltd

Martin Kaye are rated 4.5 out of 5 based on 20 testimonials.