 If an employer goes beyond what a reference should contain, or if it gives inaccurate or misleading information, liability may arise in the areas of breach of statutory duty, negligent misstatement, deceit, defamation or malicious falsehood.It does not matter what form the reference might take.In the United Kingdom, references received by an employer from another person or organization can be disclosed to the person about whom they are written under the subject access provisions of the Data Protection Act 1998, but certain confidentiality considerations apply as to the identity of the person giving the reference.