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Must you be honest on a bad ex-employee?: Anna West on writing a reference for staff who leave.(Legal advice for bosses)

Contract Flooring Journal

| December 01, 2006 | West, Anna | COPYRIGHT 2003 CMP Information Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

IMAGINE that you have an employee who is a poor performer, and whose difficult behaviour has failed to win him any friends.

When he resigns, announcing that he has a new job, you feel relieved ... until his new employer asks you for a reference. If you tell the truth, his job offer might be withdrawn. If you sing his praises, you will mislead his new employer. What should you do?

Q: Do we have to give a reference?

A: The general rule is that you are not legally obliged to provide a reference, although there are exceptions.

You must supply a reference if there is a contractual commitment to provide one or if the employee had a regulated role in the financial services …

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