DUTY TO PROVIDE A REFERENCE
Generally speaking, an employer is not legally obliged to provide a reference for a former employee under common law, unless there is an express term in the contract of employment to that effect. In the absence of such a term, no liability will attach to an employer who chooses not to provide a reference.
There are a limited number of exceptions to this general rule, where instead a reference must be provided on a ‘full and frank disclosure’ basis. These exceptions include a regulatory requirement (by a body such as the FSA), social services work or where there is a public interest requirement.
If the employer does decide to provide a reference, that employer owes a duty of care to both the recipient of the reference and the employee about whom the reference is written.
