Cookies and privacy
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.
Is an employer obliged to supply a reference?
What are the duties of an employer if it supplies a reference?
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?
An employer is not obliged to provide a reference in relation to a former employee who is taking up a role that is not a controlled function. If the employer does provide a reference, it must ensure that the reference is accurate and not misleading, taking into account the usual employment law principles in relation to references. In particular, it should remember that employers can be held liable for discrimination that takes place after an employment relationship has ended, for example in the provision of a reference. However, the employer does not need to provide the full details required by SUP 10.13.12R.
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