Former teacher wins after damaging references were provided
An employment tribunal has awarded £370,563 to a former teacher, finding that she was unfairly dismissed, and received damaging references, in “revenge” for challenging the headteacher’s classroom observation rules. This was due to teachers no longer being warned when they would be observed within the classroom.
The teacher stated this was in breach of long-standing agreed terms and was deliberately unfairly dismissed as “revenge”. The teacher claimed that the school then proceeded to give damaging references when she tried to apply for future employment. The reference stated that the former teacher was “not at all suitable” for teaching positions, despite her previous excellent performance.
The claims of unfair dismissal, trade union detriment and disability discrimination were successful.
The claims of unfair dismissal, trade union detriment and disability discrimination were successful.
While negative references can be given by employers, they must be supported by documented evidence, such as formal performance reviews, written warnings or training analysis, and should always be factual, fair and free from opinion or bias.
Employers may consider introducing a reference policy that is easily accessible and consistently followed. This should include clear direction on how to handle safeguarding concerns, particularly in sectors like education or healthcare.
Employers may consider introducing a reference policy that is easily accessible and consistently followed. This should include clear direction on how to handle safeguarding concerns, particularly in sectors like education or healthcare.
Should you receive a reference for an employee which you believe is tricky, 121 HR Solutions can provide advice and support on how this should be approached. Contact us on 0800 9995 121 to discuss further.
0800 9995 121 
enquiries@121hrsolutions.co.uk
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