References

You are not usually obliged to give a reference for a current or former employee but if you choose to do so it must not be misleading and its contents must be true, accurate and fair. Any decision to not give a reference or give a reference must not be because of the employees sex, race or other “protected characteristic” or because they have raised or helped with a claim or allegation against you previously.

If an employee loses out because of a negligent reference they can sue you for damages, which could be unlimited if the person loses their “dream job” as a result. You can also be sued by a third party if you give an inaccurate reference – if you give someone you sack for theft a glowing reference and they then steal from their next employer you could have an expensive problem!

Rees Page can assist with advising on whether to give or not give a reference either as a general policy or in a specific case and also can help if you have to deal with a complaint or claim about a reference you have given. We can also help if you have received a reference from a former employer and feel this was misleading, or if an unsuccessful job applicant is asking you about a reference you have received from their former employer.