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From the. Government website
From the. Government References: workers' rights
An employer doesn’t usually have to give a work reference - but if they do, it must be fair and accurate. Workers may be able to challenge a reference they think is unfair or misleading.
Employers must give a reference if:
there was a written agreement to do so
they’re in a regulated industry, eg financial services
If they give a reference it:
must be fair and accurate - and can include details about workers’ performance and if they were sacked
can be brief - eg job title, salary and when the worker was employed
Once the worker starts with a new employer they can ask to see a copy of a reference. They have no right to ask their previous employer.
Bad references
If the worker thinks they’ve been given an unfair or misleading reference, they may be able to claim damages in a court. The previous employer must be able to back up the reference, eg by supplying examples of warning letters.
Workers must be able to show that:
it’s misleading or inaccurate
they ‘suffered a loss’, eg a job offer was withdrawn
Workers can get legal advice, eg from Citizens Advice. They may also get legal aid.
Discrimination and unfair dismissal
Workers might also claim damages from a court if:
the employment contract says they must be given a reference but the employer refuses to
the worker is sacked because they’ve been asked to give a reference while the worker’s still working for them
Workers can get legal advice, eg from Citizens Advice. They may also get legal aid.
Contact Acas (Advisory, Conciliation and Arbitration Service) for advice.
Acas helpline
Telephone: 0300 123 11 00
Textphone: 18001 0300 123 11 00
Monday to Friday, 8am to 8pm
Saturday, 9am to 1pm
Find out about call chargeswebsite
onwards and upwards
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