Workers leaving: the basics

Providing references

Except for certain employers in the financial services sector, an employer does not generally have to give a departing employee a reference unless this is a requirement of the employment contract.

Sometimes employers provide their employees with a reference when they leave. In addition, an employer who refuses to provide a reference for an employee who has brought a discrimination claim against them could be found guilty of victimisation.

You should consider carefully the legal implications of providing a reference:

• Make sure that what you say is true, accurate and a fair representation of the person.
• An ex-employee could bring an action against you for libel, discrimination or defamation of character through a court or tribunal, if they consider the reference to be inaccurate.

Employees may be able to gain access to a reference if they take legal action, eg a sex discrimination claim. See our guide on how to prevent discrimination and value diversity. They can also gain access to a reference once they start work for a new employer.

On the other hand, you should avoid giving an unsatisfactory employee a good reference, because:

• a good reference could weaken your case in any claim for unfair dismissal by the ex-employee
• any new employer could claim damages if the employee proves to be unsatisfactory and material information was omitted from the reference

Subjects covered in this guide

• Introduction
• The process to follow when a worker leaves
• Notice periods
• Providing references
• Contractual matters when employment ends
• Long-term absences

 

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