Right People,

Right Time, Right Place

References

Providing references is a key stage in the hiring process. With many recent cases of identity fraud and false educational claims, employers have significantly improved their reference checking procedures. Whilst it is standard practice to provide details of a reference to prospective employers, a series of legal cases challenging what employers can and cannot say regarding a past employee have made many employers reluctant to provide references. Concerns about potential liability have reached such an extent that some employers have a policy not to provide references at all, or, if they do so, only to provide basic facts about the employment, refusing to comment on the employee's level of performance and other more subjective issues.

Is a previous employer obliged to provide you with a reference? No. Your former employer or employers are under no legal obligation to provide a reference, unless there was an express contractual obligation to do so. Furthermore, if one is given, there is no obligation for it to be full, fair and comprehensive.

If an employer provides 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. This means they should avoid being unfairly selective in the information they provide, and should avoid including facts or opinions in such a manner that would create a false or mistaken inference in the mind of the prospective employer.

Does a previous employer have to reveal any problems that occurred in the past employment? Where an employee has performed to an unacceptably low level or has been dismissed for a reason which would cast doubt on his or her suitability to be employed by a new employer, the employer will generally be faced with three options:

1. To provide no reference at all.
2. To provide only a basic, factual reference, giving the dates of employment and the job title only.
3. To provide a detailed account, including references to the bad issues as well as the good, using reasonable care not to give misleading information.