Q I have recently left my employment with a business jet company following a disagreement with the airline owner. The owner has stated that he will not provide a reference to a new employer. What is the legal position on references? An employer doesn’t have to give a work reference – but if they do, it must be fair and accurate. Most airlines have a standard reference that just give the facts such as date of joining, fleet and rank. It can include details about the worker’s performance, and if they were sacked; and can be brief – such as job title, salary and when the worker was employed. Once the worker starts with a new employer, they can ask to see a copy of the reference. They have no right to ask their previous employer. If you feel that you have been given an unfair or misleading reference, you may be able to claim damages in a court. The previous employer must be able to back up the reference, such as by supplying examples of warning letters. You will be expected to show that: ● It is misleading or inaccurate ● You ‘suffered a loss’ – for example, a job offer was withdrawn Importantly, you will need to demonstrate your activity between breaks from work, so registering at your local job centre may be necessary. Airport passes are likely to have to be returned immediately, too. Pay slips or bank statements will demonstrate employment history, so it is worthwhile collating this evidence in case any new employer questions your employment history. INDUSTRIAL ISSUES KNOW YOUR RIGHTS We look at being suspended from work, and asking for a reference By Terry Brandon, BALPA National Officer Q This is an excellent question, and the recent legal position has yet to resonate with most employers. Recent case law has concluded that the suspended person is likely to be worried about what everyone else thinks about the extended and hushed absence from work; the stigma can be more damaging than an actual finding of guilt. A Court of Appeal case, Mayor and Burgesses of the London Borough of Lambeth v Agoreyo [2019], reminds us it will only be legal to suspend an employee if the employer has reasonable and proper cause. This is the test a tribunal will apply when considering whether the act of suspension breached the implied term of trust and confidence, entitling the employee to resign and bring a claim for constructive dismissal. There are three main points that can be raised with your employer: 1. Do you have reasonable and proper cause for suspending? 2. How long is the investigation likely to last, and what is the cost to the airline? 3. What are the alternatives to suspension? The airline should be able to demonstrate that suspension is not a knee-jerk reaction. Employers should also exercise caution, as employees can seek to bring a claim in the civil courts for conduct prior to a dismissal – such as an unfair suspension – and access uncapped losses that they could not in an unfair dismissal claim in front of an Employment Tribunal. For example, in an exceptional case, an employee could claim for significant losses arising from psychiatric injury as a result of an unfair suspension, which amounted to a breach of contract. Obviously, suspension from work is not illegal but, in my view, in most cases it is hard to justify it being a neutral act. Is a suspension from work a neutral act? A colleague rep has recently been suspended from work because of allegations that have been made. It looks like HR has produced a standard template letter explaining that the suspension is a ‘neutral act’, and does not imply that any outcome from the investigation has been decided. If you have a question you’d like to put to Terry or any of our other BALPA experts, email TheLog@balpa.org