References -the basic legal rules

The general rule concerning references is that an employer is not obliged to provide a reference, but that any reference given must be true, accurate, fair and not misleading. This duty is owed both to the individual concerned and to the prospective new employer.

References - the key developments

• It is likely to be acceptable for an ex-employer to refer in a reference to reasonable concerns about an employee’s performance, where those concerns arose after an employee left the organisation, as long as the reference-giver makes it clear that the concerns have not been investigated or proved. However, each case will always depend on its facts (Case 6).