Tag archives: references

Regulatory References – Employer’s obligations

On 28 September 2016 the Financial Conduct Authority (FCA) published final rules on regulatory references. The purpose of the rules is to support the FCA objectives of “consumer protection and market integrity by providing firms with effective tools to better assess individuals fitness and propriety and ensure individuals take greater responsibility for their own conduct.” … Continue reading

No automatic presumption of good assessments in employment references in Germany

Good news for all employers: The German Federal Labour Court has recently reversed the disastrous judgment of the Regional Labour Court of Berlin-Brandenburg concerning the allocation of the burden of proof with regard to assessments in employment references. Basic principles re employment references In Germany, upon termination of the employment relationship employees can claim for … Continue reading

Giving References to Former Employees

To give or not to give, that is often the question. Employment references can present legal risks for employers. Former employees and their subsequent employers may allege claims of negligence in the provision of references. In Canada negligent referencing has yet to be addressed definitively by the courts. However, in the United Kingdom, claims that an employer was negligent in … Continue reading