Data Protection Act 2018 and UK GDPR: Primary legislation governing personal data processing. Key considerations include consent for sharing information, data accuracy requirements, and data minimization principles when writing references.
Equality Act 2010: Ensures references are written without discrimination based on protected characteristics. Reference writers must maintain fairness and avoid bias in their statements.
Defamation Act 2013: Requires that all statements in references are truthful and factually accurate to avoid potential libel claims. Reference writers must ensure statements can be substantiated.
Common Law Duty of Care: Legal obligation requiring employers to exercise reasonable care in preparing references, ensuring accuracy and avoiding negligent misstatement.
Employment Rights Act 1996: Governs the fair representation of employment history and accurate portrayal of job duties and performance in employment references.
Human Rights Act 1998: Ensures consideration of privacy rights and fair treatment principles when preparing and sharing reference information.
Company Reference Policies: Internal organizational guidelines and procedures for providing employment references must be followed alongside legal requirements.
University Requirements: Specific formatting, content, or submission requirements set by the receiving university for reference letters must be adhered to.
Professional Body Guidelines: Where applicable, professional organizations may have additional requirements or guidelines for references within their field.
Confidentiality Obligations: Legal and ethical requirements to maintain appropriate confidentiality while providing necessary information in the reference.
