On this page:
Summary
Future developments
Practical example
Action point checklist
Key references
Questions and answers
References overview
Duties to the recipient of the reference
Duties to the employee who is the subject of the reference
Liability for discrimination
Miscellaneous points on references

Summary

9.908

• There is usually no obligation on an employer to give a reference. (See 9.910 References overview)
• However, if an employer chooses to do so, it will owe duties to the employee about whom the reference is given and the recipient.  (See 9.911 Duties to the recipient of the reference and 9.912 Duties to the employee who is the subject of the reference)
• An employer that gives a bad reference or fails to provide a reference in retaliation for the employee having alleged discrimination can be liable to a claim for discrimination. (See 9.913 Liability for discrimination)
• Employers should not rely on disclaimers in references as a guarantee of escaping liability. (See 9.914 Miscellaneous points on references)
• There are Data Protection Act 1998 implications for giving references. (See 9.914 Miscellaneous points on references)

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Future developments

9.909 There are no future developments.