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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.


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Is an employer obliged to supply a reference?


What are the duties of an employer if it supplies a reference?

An employer owes a duty of care to the intended recipient of the reference to ensure that it is true, accurate and fair, and does not give a misleading impression. It could be sued by the recipient if it gives a negligent or careless reference which subsequently results in financial loss to the recipient. The employer also owes a duty to the ex-employee to take reasonable care in the preparation of the reference. If, for example, the employee fails to secure a new job because of an inaccurate or misleading reference, he or she will be able to sue his or her ex-employer for damages.

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Should references always be marked confidential?

When providing a reference what duties does an employer owe to a former employee when the employment has terminated during unresolved disciplinary proceedings?

Must an employer always obtain an individual's consent before providing a reference for him or her?

Can an employer limit its liability by including a disclaimer in a reference?

What rights of access do employees have to job references?

If an employer regulated by the Financial Services Authority (FSA) receives a reference request relating to a former employee who was an approved person who is about to perform a controlled function must it respond?

If an employer regulated by the Financial Services Authority receives a reference request relating to a former employee who was an approved person where the new role is not a controlled function what are its obligations?

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