Do you have a standard format for providing employer references for leaving staff? Do you know what you can and cannot say?
Writing a reference for a departing employee is something every employer expects to be asked. As an employer you owe a duty of care to both the departing employee and prospective new employer to provide an accurate and non-misleading reference. This can be difficult if your employee was dismissed, or if there was a breakdown in a personal relationship. On the other hand, providing a glowing reference for a bad staff member could put you at risk from legal action by the new employer if that person goes on to perform badly in their new job.
We are experts at creating reference policies and preparing standardised reference wording. We can advise you on when you should refuse to give a reference, which of your staff should be able to give a reference on your behalf and what your references should contain to avoid accusations of discrimination or defamation.
If you would like to talk in confidence to one of our experienced solicitors or have any questions then please call us on 01268 240000 or email us at firstname.lastname@example.org.