Providing employment references for current or past employees

When it comes to providing references for current or former employees, it’s important for small businesses and charities to know what the law expects from you. While you don’t have to provide a reference by law, if you do decide to, it must be fair, accurate, and honest. This is in line with the Employment Rights Act 1996, which requires that any information shared is truthful and balanced.

What should be included in a reference

A typical reference usually covers basic details like the employee’s job title, the dates they worked for you, and a brief outline of their role. It’s best to stick to the facts and avoid giving opinions or subjective comments, as these can lead to issues later on. That’s why you’ve probably noticed that references saying how Donald is such a valued member of the team and they’ll be dearly missed are few and far between these days. You’ll want to make sure everything you include is based on your records and can be backed up with evidence. 

Handling negative references

If an employee didn’t perform well, it’s important to approach this carefully. Only include negative information if it’s factual and you have evidence to support it, like performance reviews or disciplinary records. Remember, an employee can challenge a reference they believe is unfair or inaccurate, so we always recommend working on a ‘no surprises’ basis when it comes to handling negative references. It’s only in rare cases that you should be mentioning something in a reference that you haven’t already communicated to the employee themselves.  

Get expert help 

We know navigating employment references can be tricky. At Marches HR, we’re here to help you stay compliant with the law and protect your organisation. Get in touch with us today for expert advice by calling 01432 610612 or dropping us a line at info@marcheshr.co.uk