Tips on providing former employee references 

 

Employers do not have to provide a reference for a former employee but, if you do, the reference must be true, fair and accurate. Providing a misleading or inaccurate reference could lead to, under principles of negligent misstatement, a claim for damages from both the former employee and new employer. 

 

Employers should be particularly cautious when providing references for employees who have been dismissed for gross misconduct or left in similar circumstances. The employer should, in this instance, communicate the issues accurately. The employer should also be careful to make very clear if the allegations have, or have not, been investigated. 

 

Many employers now only provide a ‘bare minimum’ reference, but this should not be used as a means of concealing something serious.