What if a referee is asked to speculate about an ex-employee’s suitability for a new job?
Former employers are commonly asked questions regarding an ex-employee’s suitability for the job he/she is being offered. Where the new position is similar to the one they previously performed this should be straightforward, although it is still sensible to limit comments to the referee’s specific knowledge of the employee. Where the new job is, however, markedly different it may be preferable for an employer to decline to speculate and instead simply limit comments to offering an account of the employee’s duties and performance in their previous role. What if the employee was dismissed for misconduct? Clearly, failure to make mention of the dismissal and the underlying reasons behind it would amount to a negligent omission on the part of the referee. Conversely, it must also be borne in mind that a good reference may undermine the case of an employer seeking to defend an unfair dismissal claim by justifying a dismissal for gross misconduct or incompetence. The contents of a reference
