Stay ahead of the curve with our exclusive Q&A series, brought to you by leading law firm, Arthur Cox, LLP, designed to answer your most pressing legal questions. These expert insights provide clear guidance to ensure your HR practices remain compliant and protect your organisation.  

This month's question:

Is an employer required to provide a reference?

In short, there is no legal obligation to provide a reference. Employers are not generally required to provide a reference, unless there is a contractual obligation to do so or the role falls within a regulated industry, such as certain positions within the financial services sector. Employers may also agree to provide a reference in other circumstances, for example as part of a compromise agreement. However, it is generally regarded as good practice for employers to provide references for former employees.

Where an employer chooses to provide a reference, it must be accurate and not misleading. Work references can be either basic or detailed. A basic work reference is a short summary of employment, for example the employee’s job title and dates of employment. A detailed work reference may include information relating to the employee’s skills, experience and any relevant disciplinary records. The level of detail included in a reference is generally at the discretion of the employer providing it.

Employers should also be mindful of the potential legal implications of references. For example, refusing to provide a reference because an employee has previously raised a discrimination complaint may give rise to a victimisation claim under discrimination legislation. Employers should also ensure that references comply with discrimination legislation. In particular, information relating to an individual’s protected characteristics should not be included where it could be used in a discriminatory manner. Therefore, care should be taken to ensure that decisions regarding references are made consistently and for legitimate reasons.

In summary, whilst employers are not generally under a legal obligation to provide a reference, any reference that is provided should be accurate, fair and non-discriminatory.