We have been asked by a former employee to provide a reference, are we required to do so?Posted in : First Tuesday Q&A NI on 1 August 2017
Generally, there is no legal obligation on an employer to provide a reference for an existing or former employee and employers are therefore generally entitled to refuse to provide a reference.
However, you should first consider your policy on this issue as the decision to give references or not, and what sort of information to include, should be consistent or it could lead to allegations of discrimination or a breach of the implied term of trust and confidence (in respect of an existing employee). Particular care must be taken to ensure that a refusal to provide a reference is not discriminatory because of any of protected characteristic.
If you choose to provide a reference, you should
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
Back to Q&A's This article is correct at 01/08/2017
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.