Carmen Wood-Hope challenged the headteacher of The Friars Primary School in Salford, Michael Earnshaw, after he stated that teachers would no longer be warned when he monitored classrooms.
Wood-Hope, who was the school's trade union official for the National Education Union (NEU), argued that this was in breach of long-standing agreed terms.
The tribunal found that Earnshaw deliberately sought to unfairly dismiss Wood-Hope as "revenge", and gave her damaging references when she tried to apply for future employment. He wrote that he considered Wood-Hope to be “not at all suitable” for teaching positions, despite her excellent performance.
Wood-Hope’s claims of unfair dismissal, trade union detriment and disability discrimination were successful. The decision was published on Monday (12 May).
Read more: False references: How concerned should employers be?
While negative references can be given, they need to be evidenced, stated Chloe Dickenson, compliance manager at recruitment firm Sellick Partnership.
She told HR magazine: “Negative references must be supported by documented evidence, such as formal performance reviews, written warnings or training analysis, and should always be factual, fair and free from opinion or bias.
“A reference policy can be implemented that is easily accessible and consistently followed. This should include clear direction on how to handle safeguarding concerns, particularly in sectors like education or healthcare. Only concerns that meet the legal harm threshold and are fully substantiated should ever be referenced.”
All references should be sent to HR, added Eyal Ben Cohen, CEO of employment checks provider Verifile.
Speaking to HR magazine, he said: “HR leaders should publish one short, mandatory policy that says all references must route through HR (or an outsourced gateway such as WorkPass) and must be factual, evidence-based and non-discriminatory. Quote the ACAS Providing a Job Reference guidance and the CIPD factsheet so managers see external authority.
“Give managers a single template that covers dates, role and (if you allow it) final salary, plus an optional narrative box that HR signs off before it leaves the building. That removes ‘off-piste’ e-mails, the root cause in the Wood-Hope case.”
Read more: Metropolitan Police hired 1,000+ officers without checking references
During Wood-Hope’s appraisal in October 2019, Earnshaw placed her on a performance plan, which the tribunal found had no justification. The evidence was “selective and deliberately constructed to be critical of her".
She refused to sign the performance plan and went on long-term sick leave due to anxiety and panic attacks. Wood-Hope was dismissed in September 2020 due to sickness absence.
HR leaders should provide clear guidelines around performance management to avoid unfounded negative references, said Charlie O’Brien, head of people at solutions provider Breathe HR.
She told HR magazine: “One of the most important aspects of this is that any description of an employee's performance, whether from a manager or the employee themselves, should be supported by specific examples. This applies to both performance reviews and references.
"A well-documented history of an employee’s behaviour also helps protect the organisation if a reference is ever challenged.”
