What do you need to know legally about references?

If you request a reference, your employer does not actually have to give you one unless your contract says that they must. Some exceptions do apply to certain regulated industries, such as the financial services industry. It is, however, good practice for an employer to provide a reference. And, if you think that your employer has not provided it because of complaints that you have made for example for discrimination you may be able to take legal action. Similarly, if your employer normally provides full references for all employees but only provides you with a confirmation of your employment dates, or fails to provide one at all, you may be able to take legal action. You should obtain legal advice from an employment solicitor if this has happened to you.

The next question then is what must be contained in the reference. It could merely confirm your dates of employment. Most importantly, whatever a reference contains, it must be accurate and not misleading. If you have been subject to disciplinary action, this may be disclosed. If a reference is not accurate or is deliberately misleading, it is possible that defamation action could be taken. You should speak to an employment lawyer if your reference contains accurate or misleading information.

Another common concern surrounds requesting a reference whilst you are still employed in your current job. If you are dismissed because you asked for a reference, this could amount to an unfair dismissal claim and you should seek legal advice from an employment solicitor.

As for accessing a reference made about you, you can ask a new employer for a copy of the reference(s) from your previous employer(s) once you have commenced your new employment. Under data protection law they should supply it.

If you need legal advice on references you should contact an employment solicitor. They can advise you on your rights in relation to references, and whether you may be able to take any legal action against unfair references or require your employer to provide one.

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