It's standard practice to provide details of referees at the bottom of your CV for prospective employers to contact before offering you a job. However, many of us don't understand what our rights are when it comes to references: read on to clear up any confusion.
Is a former employer obliged to provide me 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. What they can and can’t say about you isn’t always clear cut and a series of recent legal cases challenging referees have made many employers reluctant to give references. You may even come across employers that have a policy of providing no reference at all.
What should an employer say in my reference?
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;
- 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 you may be able to sue for negligent misstatement. To do so, you must show 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.
Alternatively, if you think there is an element of discrimination involved, you can bring your former employer to an employment tribunal.
Useful links:
Acas
Citizens Advice Bureau
Directgov
The information on these pages is provided for your information and reference only. Before making any important decisions regarding your employment or any legal matter, you should consult a qualified professional adviser who can provide specific advice based on your individual position.
