References

My advice to employees who intend to change jobs is that it is generally not in your interest to annoy or aggravate your current employer for no good reason, even when you already have another job offer in your hand. Burning your bridges is rarely a good idea.

The pleasure you may get in telling your boss/employer exactly what you think of him may provide some short lived gratification but most potential employers require references from former employers. If you have told your boss that he is less than competent he may not be inclined to give you a glowing reference either now or in the future. Your new job may not last very long, you may need a reference from your old employer sooner than you thought.

The general rule is that an employer is under no legal obligation to provide a character reference for an employee or ex employee.

However if an employer does give a reference he must ensure that the reference is true, accurate and fair. Failure to do this can lead to claims of deceit, defamation and negligence.

Not surprisingly, to avoid the risk of claims, employers are increasingly limiting references as a matter of policy to purely factual matters such as length of service and positions held. This makes sense, why expose yourself to potential claims for no benefit, particularly if your departing employee gave you a piece of his mind.

A verbal reference can lead to a claim against the employer on the same basis as a written one. Employers who receive a telephone call requesting a reference should, if they say anything, say no more than they would be prepared to put in writing, and they should make a note of what was said.

If employers normally provide references they should never refuse to provide one or provide one that is different from the norm for reasons related to sex, race or disability. This can lead to a claim of discrimination.

If you believe that your old employer gave a bad reference to your potential employer what can you do?

You are not entitled to get a copy of that reference from your old employer. However the Information Commissioner appointed under the Data Protection Act has said that you should have the right to obtain a copy from the potential employer. My advice if you suspect that a reference which was not true, accurate and fair has been given, is to ask the recipient of it for a copy without delay. Bear in mind that a bad reference which is true, accurate and fair will not give you any legal claims.

In view of the fact that references are now a potential minefield for employers, all employers should have clear policies known to all staff about, firstly, what form of reference the employer is prepared to give if any, and secondly who is authorised to give references. Your staff who give departing unsatisfactory employees a glowing reference on your notepaper can also expose you to legal claims.

Published 27/09/2006.