WHEN MUST AN EMPLOYER PROVIDE A REFERENCE?

An Employer is only legally required to provide a reference for an employee who is leaving or a former employee :

• where there is a contractual obligation to do so (eg where there is provision to do so in a Contract of Employment or Settlement Agreement)

or

• for certain jobs in the Financial Services Industry

In all other circumstances there is no legal obligation to provide a reference to either a departing/former employer or to a third party Employer.

If, however, an Employer does decide to give a reference it must be factually accurate.

If you are an employer or employee and you need help on employment issues contact us now on 01606 74301 or email gmr@mosshaselhurst.co.uk or kerry.greatorex@mosshaselhurst.co.uk