Employee references

Authored by Stephen Price, Partner and Stephen Jenkins-Flint, Lawyer, Corrs Chambers Westgarth. Updated by the LexisNexis Legal Writer team.

Employees may request a written reference when their employment ends.

References provide a basis for a future employer to verify an applicant’s stated employment history and can provide an informed assessment of the job applicant’s experience, skills and capacities.

However, legal risks may arise where an employer elects to provide a reference, and the document is negligently prepared or is defamatory. Employers should therefore be cautious about ensuring the fairness and accuracy of any references that they provide to former employees.

See also, Guidance Note: Effective management of risks in the recruitment process.

No obligation to provide a reference

There is no general legislative or common law requirement for an employer to provide an employee with a written or oral reference.

An employer can usually refuse an employee’s request for a reference, and it is not uncommon for employers to adopt a general policy of declining to provide references to:

• avoid the possibility of providing an inaccurate or misleading reference; or
• remove concerns about the employee’s subsequent conduct or performance with the new employer reflecting poorly on the old employer or the person who provided the reference personally.

In these circumstances, a statement of service might be provided instead of a reference. See Statements of service below.