References

Produced by Tolley in association with Hannah Freeman at Old Square Chambers
Employment Tax
Guidance

References

Produced by Tolley in association with Hannah Freeman at Old Square Chambers
Employment Tax
Guidance
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There is generally no contractual duty on an employer to provide a reference (in the absence of an express agreement to do so in a contract). However, if an employer does provide a reference for an employee or former employee, it should be fair, truthful and accurate.

It is advisable for employers to have a formal policy to help them handle reference requests fairly and consistently. The policy should make clear who in the organisation can provide references and in what circumstances. A formal policy, providing guidance to employees who are asked to write references, can help to protect employers from the inference that a reference was given, or not given, for discriminatory reasons (or as an act of harassment or victimisation). However, it is important to note that if an employer has such a policy but fails to follow it, negative inferences could well be drawn.

Duty not to discriminate

There is an important exception to the freedom of an employer to refuse to provide a reference. A worker can bring an employment

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Hannah Freeman
Hannah Freeman linkedinicon

Barrister at Old Square Chambers , OMB, Employment Tax


Hannah is an experienced employment law specialist advising on all forms of discrimination, maternity and paternity rights, unfair dismissal, contractual disputes, part-time working and TUPE. Hannah acts for claimants and respondents in both the public and private sectors, including the NHS, the police, local authorities, educational institutions, financial services and the hospitality industry, as well as providing training and support to in-house legal and HR teams.

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  • 14 Sep 2022 10:01

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