By Ben Letham
This is a common question, and is often a source of much debate. In most cases your employer will willingly give you a reference, but they are not compelled to do so. Your employer is also within their rights to include negative content in your reference, as long as this material is true and is not discriminatory.
For instance, if you have left your place of work as the result of an employment dispute, your boss can’t use your reference as a way of criticizing you and bringing your reputation into disrepute with your new employer. If this happens, you could have grounds for defamation.
You may also find that it is your company’s policy to only give a brief reference that just details the length of your employment and your attendance record. More businesses are not including more personal information about their ex-employees to avoid any potential for unfair dismissal claims.
In addition, your reference could be given verbally. Many companies give a basic written reference and then a more detailed reference if they are called by your potential employer to give an opinion of the work you did for them. As with written references, your previous employer could give you a negative verbal reference, as long as what they say is true. If they do not give a true and accurate verbal reference, you could have grounds for slander under defamation legislation. Of course, gaining knowledge or access to this potential defamation is another matter.
If your ex-employer does provide your new employer with a reference, this will be defined as confidential. The Data Protection Act 1998 comes into play as the Act covers how confidential information - such as your reference that might contain sensitive personal information - can be distributed. If you think your confidential reference has negative content, you may not be able to obtain a copy of your reference because of the Data Protection Act.
The Data Commissioner’s Office recommends to employers: ‘In most circumstances, you should provide the information in a reference, or at least a substantial part of it, to the person it is about if they ask for it. Even if the referee refuses consent, this will not necessarily justify withholding the information, particularly where this has had a significant impact on the individual, such as preventing them from taking up a provisional job offer.’
If you have had trouble getting a new job, and you believe it may be because of your employer’s reference, it may well be worth speaking to a solicitor to clarify your situation.
Ben Letham works for Contact Law, the UK's foremost legal brokerage company - finding the right employment solicitor for your needs.
For instance, if you have left your place of work as the result of an employment dispute, your boss can’t use your reference as a way of criticizing you and bringing your reputation into disrepute with your new employer. If this happens, you could have grounds for defamation.
You may also find that it is your company’s policy to only give a brief reference that just details the length of your employment and your attendance record. More businesses are not including more personal information about their ex-employees to avoid any potential for unfair dismissal claims.
In addition, your reference could be given verbally. Many companies give a basic written reference and then a more detailed reference if they are called by your potential employer to give an opinion of the work you did for them. As with written references, your previous employer could give you a negative verbal reference, as long as what they say is true. If they do not give a true and accurate verbal reference, you could have grounds for slander under defamation legislation. Of course, gaining knowledge or access to this potential defamation is another matter.
If your ex-employer does provide your new employer with a reference, this will be defined as confidential. The Data Protection Act 1998 comes into play as the Act covers how confidential information - such as your reference that might contain sensitive personal information - can be distributed. If you think your confidential reference has negative content, you may not be able to obtain a copy of your reference because of the Data Protection Act.
The Data Commissioner’s Office recommends to employers: ‘In most circumstances, you should provide the information in a reference, or at least a substantial part of it, to the person it is about if they ask for it. Even if the referee refuses consent, this will not necessarily justify withholding the information, particularly where this has had a significant impact on the individual, such as preventing them from taking up a provisional job offer.’
If you have had trouble getting a new job, and you believe it may be because of your employer’s reference, it may well be worth speaking to a solicitor to clarify your situation.
Ben Letham works for Contact Law, the UK's foremost legal brokerage company - finding the right employment solicitor for your needs.
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