Can an employer limit its liability by including a disclaimer in a reference?

Many employers aim to limit liability for references by adding a disclaimer stating that they cannot accept any liability for errors or omissions in the content of the reference. While there is no guarantee that a disclaimer will be effective, there is no disadvantage in including one.

A disclaimer will be effective only if reasonable, accounting for content and circumstances. If the employer has or is expected to have knowledge of the information provided it will not be able to rely on the disclaimer if the reference contains information that is not true, accurate and fair.

The employer providing the reference has a duty of care to both the new employer and the employee and they should take steps to ensure that only information that is true, accurate and fair is provided in a reference, rather than relying on the enforceability of a disclaimer.