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References
It is standard practice to provide details of referees at the bottom of your CV for prospective employers to contact before offering you a job. But a series of legal cases challenging what employers can and cannot say regarding past employees have made many employers reluctant to give references.
Concerns about potential liability have grown so much that some employers have a policy of providing no references. Others are prepared to give only basic facts about the employment, refusing to comment on the employee’s level of performance and other more subjective issues.
Is a former employer obliged to provide you with a reference?
No. Your former employer is under no legal obligation to provide a reference, unless there was a specific contractual agreement to do so. If a reference is given, there are no rules to say how comprehensive it must be.
If employers provide a reference, what can they say?
Anyone providing a reference has a duty to take reasonable care not to give misleading information about the employee. Employers should avoid being unfairly selective in the information they provide and avoid including facts or opinions that could create a false inference in the mind of a prospective employer.
Does a previous employer have to reveal any problems that occurred in the past employment?
Where an employee has performed at an unacceptably low level or has been dismissed for a reason that would cast doubt on his or her suitability for future employment, the person giving a reference can:
- provide no reference at all;
- provide only a basic, factual reference, giving the dates of employment and the job title; or
- provide a detailed account, including references to any negative issues
What can I do if my old employer provides a bad reference?
If you believe your past employer’s reference unfairly harmed your future work prospects, the onus is on you to establish that:
- the information in the reference is misleading;
- providing such misleading information has had a detrimental effect on your standing with a prospective employer;
- your former employer was negligent in providing such a reference.
If these facts can be proven, you should seek legal advice on the next steps to take.
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