News

16 July 2008

References - do you have to give one?

Employers are not generally obliged to provide current or ex-employees with references. Contractual obligations to provide references may be included in employees’ contracts, but this is rare. More common is finding them in compromise and other settlement agreements when employees leave.

What should a reference say?

Any employer giving a reference must be aware that he or she owes a duty of care to the recipient. If the reference is misleading and relied upon by a third party, the third party can bring a claim against the employer, so a careful balance has to be struck. To satisfy both these duties, references must be accurate, true, fair and not misleading.

It is unfair to include complaints against employees if they have not been informed of such complaints. And if employees leave when disciplinary proceedings are unresolved, proceedings can only be referred to neutrally.

If an employer makes unfavourable comments about an employee, they must be supported with evidence that a reasonable investigation was undertaken.

Source: The Recruiter June 2008

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