A club is not normally compelled to provide a reference but if it does it must be true, accurate and fair.

The reference must not give an unfair or misleading impression overall, even if its discrete components are factually correct.

A club will not be liable for references that are not comprehensive unless the omission

of the information has the effect of giving a misleading impression of the staff member. if the club decides they will provide a reference, ensure the individual's manager, normally the secretary, prepares it and that they in turn have been trained in preparing references and have all the relevant information regarding the individual. References should be addressed to a named person rather than "to whom it may concern".

The club's exposure

The club has a duty not to make defamatory comments or those which amount to malicious falsehood. There is no liability for libel provided the club believes the information in the reference is correct and is given without malice though disclosure of spent criminal convictions should be avoided. A disclaimer should be included but may be void unless it satisfies the test of "reasonableness" (section 2 unfair Contract Terms Act).

It is generally thought that liability cannot be excluded for mis-statement of facts which are normally in a club's knowledge (performance, disciplinary record, etc). However, a disclaimer in relation to an opinion on the employee's suitability for a particular job may be reasonable. A clause excluding liability for negligence must be carefully worded and brought to the attention of the member of staff before the reference is given.

Refusal to provide a reference

clubs can refuse to provide a reference

unless an express or implied contractual term has arisen that the club will provide one. an implied contractual term will arise if it is normal practice in the type of work covered by the staff member's contract

for a reference to be given, and it would be unreasonable to expect a net-,- employer to take on the employee without a reference. morally clubs have an obligation to provide references so you should do unless you have a good reason. in some circumstances it may even be classed as discriminatory on grounds of sex, age, race, sexual orientation, religion or disability to refuse to give a reference.

A negligence claim could theoretically be made by a new employer if the previous employer failed to give a reference thereby concealing something serious which ultimately causes the new employer loss.

Bare minimum references

It is increasingly common for clubs to have a policy of providing a bare minimum reference. If this strategy is adopted it should ideally:

• be communicated to all staff at the outset of the relationship

• be applied uniformly to all staff

• not be used as a means of concealing something serious.

References given by a club

A worker has the basic right, on request, to be supplied with information constituting any personal data held by a former employer. Any personal data held must also be accurate and where necessary kept up to date. However the following points must be noted:

• There is an exemption within the DPA (Data Protection Act) which means that a club does not have to supply references given in confidence which it has

written relating to education, training or employment.

• Despite the exemption a club may choose to provide a copy of a reference which is factual in nature.

• it is not, therefore, obligatory for

a club to supply a copy of a reference to a former emoloyee.