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News
and Comment
Qualifying
for a state pension
From April 2010 the qualify criteria for a State Pension
is changing:
it will be easier for parents and carers to build up qualifying
years of National Insurance and get a State Pension
to get a full basic State Pension, only 30 qualifying years of
National Insurance contributions will be needed. (At the moment,
men normally need 44 years and women 39 years.) once a person has
built up a single qualifying year of National Insurance, they will
qualify for at least some basic State Pension
Currently, the State Pension age is 65 for men born before 6 April
1959. For women born on or before 5 April 1950, the State Pension
age is 60.
The State Pension age for women born on or after 6 April 1950 will
increase gradually to 65 between 2010 and 2020. From 6 April 2020
the State Pension age will be 65 for both men and women.
Social
Media – A Liability & An Asset?
As the use of social media and business networking sites such as
LinkedIn, Facebook, Twitter etc become more prevalent, companies
need to balance the benefit of gaining useful contacts and information
with the potential time wasted and loss of valuable company information.
Banning access altogether could be counterproductive although broad
guidelines on acceptable use and content would be useful for employers
and businesses alike. However, a detailed policy will help reduce
the risk of mistakes and help when it is necessary to take formal
action. But the balance between restriction and encouragement is
likely to be different for different companies. The potential benefits
of using such sites may ultimately come at the price of lost confidentiality
on broader business information.
References
– Are They Worth The Paper They Are Written On?
The purpose of references is to obtain information about a candidate’s
employment history, qualifications, experience and/or an assessment
of the candidate’s suitability for the post in question. We
get many queries regarding what you can and cannot ask in a reference
or what you should include when giving a reference. Here is our
quick, ‘no nonsense’ guide.
When seeking a reference from a previous employer
Prospective employers may seek information on matters including
length of employment, job title, brief details of responsibilities,
abilities, overall performance, time-keeping and reason for leaving.
It is estimated that one in eight people exaggerate or falsify their
qualifications so it is worth checking factual and verifiable data.
In an offer letter to a successful applicant, a prospective employer
should state that this is a ‘provisional offer subject to
references satisfactory to the organisation being received’.
Employers are expected to make very careful enquiry of previous
employers in numerous situations, but especially if they are recruiting
people to work in ‘regulated activities’. The Safeguarding
Vulnerable Groups Act 2006 provides the legal framework for the
new Vetting and Barring Scheme which was introduced from October
2009 for such people.
Generally, references are sought from current and former employers
and sometimes personal referees as well. If the applicant has not
been employed, personal referees may be the only ones available.
But information from personal referees may be valueless as, being
selected by the applicant, personal referees are always likely to
be complimentary.
References are most frequently sought after the applicant has been
given a ‘provisional job offer’. Employers must remember
that seeking references at an early stage can jeopardise an employee’s
career if their current employer is unaware of their wish to leave.
One solution is to approach former employers first and only approach
the current employer at the final stage if necessary.
Most companies will request references to be submitted in writing,
either in the form of an ‘open’ unstructured letter
or by use of a standard form. Reference requests are often sent
by email especially for less senior employees. Requesting written
references provides referees with more time to reflect on the questions,
the wording of answers and on the information (if any) provided
about the job vacancy. It is important that any reference request
is marked ‘private and confidential’ for the attention
of the named referee.
Telephone can be a faster way of obtaining a reference than through
the post. You should prepare for the phone call and:
-
ensure you are speaking to the appropriate person in the organisation
-
ask factual questions only
-
be sensitive that the amount of data a referee is prepared
to give may be limited
-
evaluate the response
- keep a written record of the responses.
The legal position
Many companies have become quite wary about giving references.
All data given in a reference should be based on fact or capable
of independent verification. As a guide, references should be fair,
accurate and not give a misleading overall impression of the employee.
Referees should avoid giving any subjective opinion about an individual’s
performance, conduct or suitability, unless it can be substantiated
with factual evidence.
An employer does not have a common law duty to provide references
for a serving or past employee unless there is an express or implied
contractual term to that effect in the employment contract. However,
it is rare for an employer to refuse - partly because it is established
practice to provide a reference and a refusal could result in adverse
consequences for the employee.
If a reference is provided by an employee, the main legal risk
lies in the law of negligence. An employer will be liable if loss
results from the employer's failure to exercise reasonable care
in the preparation of a reference. The reference must not give an
unfair or misleading impression overall, even if its discrete components
are factually correct.
If a reference contains a false or unsubstantiated statement that
damages the reputation of a former employee, he or she may be able
to claim some damages for defamation. But the risk is slight, since
there is no liability for libel if the employer believes the information
in the reference is correct and given without malice.
Giving a reference
Under The Rehabilitation of Offenders Act 1974 (ROA) an applicant
is not obliged to give information regarding any previous convictions
(‘spent’ or otherwise). Similarly, a referee is not
required to disclose a ‘spent’ conviction. However,
if an employer asks a direct question such as ‘do you have
any criminal convictions?’ an incorrect response could amount
to ‘negligence’.
Following a House of Lords landmark ruling, an employee who is given
a poor reference because of their age, race, sex, sexual orientation,
religion or disability may be able to bring a claim against their
former employer.
Under the Data Protection Act 1998 it is no longer possible to
guarantee that a reference will remain confidential. The author
of a reference may stipulate that it is confidential, and need not
show it to the employee. However, employees can ask their new employer
for a copy of the reference which may be discloseable if it is proper
to do so, having balanced the rights of the author, any other person
mentioned in the reference, and the employee. Ideally steps should
be taken to obtain the consent of the author.
Some reference requests refer to sickness absence. Data relating
to an employee’s medical condition is classified as sensitive
personal data and employers therefore need to take care to obtain
an individual’s consent when dealing with such requests. |
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