It’s mandatory for an employer to give a reference if:
- it’s contractual; for example in an employment contract or settlement agreement, or it has been otherwise agreed between employer and employee
- the area of employment is regulated; for example by the Financial Conduct Authority.
Apart from those circumstances outlined above, an employer is within its rights to refuse to give a reference.
But what should an employer look out for? The reference should be accurate and truthful. If it contains unflattering information, it shouldn’t be malicious. If an employee suspects they haven’t gained a job because of a malicious or inaccurate reference they can make an application to the Court. The new employer can have a claim too if the old employer got the reference wrong.
Some employers simply provide a factual reference recording the dates of the employment and the job title. If employers have this policy, or indeed a policy not to provide references, this should be consistent across the company and should be made clear in any response to a request for a reference.
For help and advice on employment matters please contact Emma-Louise Hewitt on 0808 166 8860 or email her on e.hewitt@sydneymitchell.co.uk.
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