References are an important issue for employers and employees:
Employers should consider their legal obligations towards an employee/ex employee and to the recipient of the reference. Employees should ensure that an employer provides a true, accurate and fair summary of employment. The various rights and obligations are detailed below.
Does an employee have a right to a reference:
An employer is not obliged to provide a reference except where:
- the employee's contract of employment states that he/she is entitled to a reference
- the employer risks victimising the employee by not giving a reference (see Victimisation)
It is sometimes said that the employer has a moral obligation to provide a reference. Indeed, it is rare to refuse to provide a reference, given the consequences for the employee.
What should an emplouer provide:
Employers do not have to give a full and comprehensive reference. Given the potential liabilities involved, it is common for employers to give only a short statement confirming that the individual was employed, the dates of the employment and the employee's job title.
An employer may be asked to provide such a reference either in writing or over the phone. It is often more advisable to provide a reference in writing to reduce the scope for misinterpretation of what has been said.
When providing a more detailed statement than suggested above, consider including:
- length and dates of service
- positions held and key responsibilities
- performance
- punctuality and periods of absence (see Data Protection below)
- integrity
- relevant personal information
- reasons for leaving
I hope that helps