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Referee!

1 March 2024

Last revised

minutes

7

Reading time

Obtaining a reference for a candidate makes a lot of sense, especially in the yachting sector where standards of service are so subjective. There is a common misunderstanding among shoreside employers that they are only allowed to confirm dates of employment and role(s). This is incorrect. You may be obliged to provide one, and refences for captains and crew are commonly sought and given in any event. But care must be taken when providing them.

minutes

7

Reading time

1 March 2024

Last revised

Obtaining a reference for a candidate makes a lot of sense, especially in the yachting sector where standards of service are so subjective. There is a common misunderstanding among shoreside employers that they are only allowed to confirm dates of employment and role(s). This is incorrect. You may be obliged to provide one, and refences for captains and crew are commonly sought and given in any event. But care must be taken when providing them.

  • Employers commonly make job offers contingent upon satisfactory references, which should be explicitly stated in the offer letter.

  • Employers may be obligated to provide subjective references if it's customary in their industry or contractually specified. Not providing references could lead to claims of discrimination or breach of trust.

  • References can come from individuals or corporate entities and can be either written or oral. Using third-party services like Superyacht References is recommended.

  • Employers should ensure accuracy, fairness, and compliance with data protection laws when providing references. Policies should be established and adhered to.

  • References should include employment duration, roles, and may cover performance, disciplinary history, and reasons for departure. Comments on suitability must be based on first-hand experience only.

  • Employers have a duty to provide accurate and impartial references. Negligent misstatement and defamation risks exist, so references should be substantiated and labelled as private and confidential.

  • Providing references involves handling personal data, necessitating compliance with data protection regulations. Guidance on this should be sought.

  • Employers should disclose poor disciplinary records and ongoing proceedings in references to avoid liability for providing misleading information.

  • Employers often include disclaimers of liability in references, though they don't absolve liability for fraud or deceit by the provider.

  • Employers should establish clear policies on who can provide references, permissible content, and record-keeping requirements. Having template references attached to policies is recommended.

  • Employers have a duty to provide accurate and impartial references. Negligent misstatement and defamation risks exist, so references should be substantiated and labelled as private and confidential.

  • Providing references involves handling personal data, necessitating compliance with data protection regulations. Guidance on this should be sought.

  • Employers should disclose poor disciplinary records and ongoing proceedings in references to avoid liability for providing misleading information.

  • Employers often include disclaimers of liability in references, though they don't absolve liability for fraud or deceit by the provider.

  • Employers should establish clear policies on who can provide references, permissible content, and record-keeping requirements. Having template references attached to policies is recommended.