Q&A

Is it legal to give a bad reference?

Is it legal to give a bad reference?

There is no legal obligation to give a reference; If one is given, it should be fair and accurate; Prospective employers may only request a reference with the candidate’s permission; In many countries, employment law is a variation on the same theme. Giving bad references can be risky – especially in countries with litigation culture

Is it illegal to give a negative reference to an employee?

People are free to have an opinion but not to tell you nonsense when they don’t know the subject. It has become illegal to give negative reference about an employee. However, you can say nothing (negative or positive) but giving the correct and true information about that employee i.e., starting date, and job title.

What should you do if a former employer gives you a bad reference?

Relationships with former employers never completely end. You might have retirement savings tied up in the company or be responsible for protecting intellectual property and trade secrets. Employers also have responsibilities when it comes to former employees.

Is it legal for HR to give a reference?

Guidance by ACAS includes: There is no legal obligation to give a reference If one is given, it should be fair and accurate Prospective employers may only request a reference with the candidate’s permission

There is no legal obligation to give a reference; If one is given, it should be fair and accurate; Prospective employers may only request a reference with the candidate’s permission; In many countries, employment law is a variation on the same theme. Giving bad references can be risky – especially in countries with litigation culture

Relationships with former employers never completely end. You might have retirement savings tied up in the company or be responsible for protecting intellectual property and trade secrets. Employers also have responsibilities when it comes to former employees.

People are free to have an opinion but not to tell you nonsense when they don’t know the subject. It has become illegal to give negative reference about an employee. However, you can say nothing (negative or positive) but giving the correct and true information about that employee i.e., starting date, and job title.

Guidance by ACAS includes: There is no legal obligation to give a reference If one is given, it should be fair and accurate Prospective employers may only request a reference with the candidate’s permission