Do I have to give a reference?
No, you don’t HAVE to give a reference. There is no statutory duty to give an existing or recent past 
employee a reference. However, refusing to supply a reference can be risky.
If you have a policy of giving references, any change to that policy may be seen as discriminatory. Your contracts of employment may even already imply that you will provide a reference, especially if you have made offers of employment “subject to references”.
Employers in certain industries may have to give a reference because not documenting something may make you vulnerable. Not mentioning something about the employee that could result in their next employer incurring a loss may be risky. You may find yourself facing a negligence claim.
So, whilst legally you don’t have to give a reference, you have a moral obligation to provide one, and providing one will likely avoid potential HR trouble.
So I can get away with giving the bare minimum?
It’s become very common for employers to provide basic and standardised references. This is not without problems if you don’t ensure that:
- This policy is communicated to all employees at the outset of their employment
- You provide standardised references universally and without prejudice
- It is not used as a way of concealing or avoiding information
Some industries (such as those regulated by the Financial Conduct Authority) impose specific requirements. The law may require you to give specific information to other regulated employers. This is more than bare minimum references.
Metis HR is a professional HR Consultancy based in the North West of England supporting clients across the country. We specialise in providing outsourced HR services to small and medium sized businesses. Call us now on 01706 565 332 to discuss how we may help you or contact us by email.
