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Friday, October 30, 2026

When can a negative reference put employers in legal hot water? - People Management

Following a 33k tribunal award against an Oxfordshire school, lawyers say the case highlights the risks of unsupported criticism in references

17 July 2026

Employment references are often treated as a routine part of someone leaving a job, but a recent Reading tribunal has shown employers’ discretion has limits.

A negative reference given to Mark Steward, a site manager at Langford Village Community Primary School, amounted to an unlawful whistleblowing detriment after he raised health and safety issues – meaning he was unfairly given a negative reference in retaliation for raising his concerns.

Steward had repeatedly raised concerns, such as that the school’s fire evacuation policy was outdated, no fire drills had taken place for around two years and several fire exits could not be opened in the event of a fire.

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The tribunal, led by employment judge Anstis, found that Steward reasonably believed he was raising health and safety concerns in the public interest.

After Steward resigned to take a higher-paid role elsewhere, headteacher Sarah Tomlin completed a reference that marked him down in almost every category, including his competence, professional knowledge and relationships with colleagues, parents and pupils. Steward’s job offer was consequently withdrawn.

The tribunal said: “It is the consensus among the...



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