Data Protection Act 2018 and UK GDPR: Key legislation governing personal data processing. Requires lawful and fair processing, consent for data sharing, accuracy of information, and data minimization principles when providing references.
Equality Act 2010: Ensures references are non-discriminatory and prevents discrimination based on protected characteristics. Requires maintaining objective and fair assessment standards in reference writing.
Defamation Act 2013: Ensures all statements in references are truthful and accurate, protecting against libel claims. Requires factual basis for any opinions expressed in the reference.
Employment Rights Act 1996: Establishes duty of care towards current/former employees and the obligation to provide references that are true, accurate and fair.
Common Law Duty of Care: Requires reasonable care in reference preparation, establishing responsibility to both subject and recipient. Includes avoiding negligent misstatement.
Institutional Policies: Reference must comply with internal policies of both the employer providing the reference and the university receiving it.
Professional Body Requirements: Where applicable, references must meet standards set by relevant professional bodies or regulatory organizations.
Confidentiality Obligations: Must maintain appropriate confidentiality while providing necessary information, balancing transparency with privacy requirements.
Subject Access Rights: Consider the subject's right to access reference content under data protection legislation.
