The Reference Risk: How To Handle Employment Reference Requests

Article highlights

• There is no general legal or statutory obligation to provide a reference, although an obligation may arise from an employee's contract or an employer's established practice.
• Poor handling of a reference request can increase an employer's financial exposure where it contributes to a former employee's ongoing loss following an unfair dismissal.
• Employers can adopt a policy of providing factual statements of employment only, but that policy should be communicated clearly and applied consistently.
• References should contain accurate, job-related information. False statements or discriminatory comments can expose an employer to defamation or equality claims.

Introduction