Can you give a bad reference?

Some of the most common questions received from employers concern giving references for ex-employees. Many employers do not understand their obligations in this regard, however it is vitally important that employers comprehend their duties and avoid common pitfalls. For example, many employers may not know that a claim for damages can arise if an employee loses a job offer as a result of an inaccurate bad reference.

ACAS have released helpful new guidance concerning references, including whether employers must give references, whether you can give a bad reference and issues relating to references and the GDPR.

The full guidance can be accessed via ACAS here.

If you have any Employment Law queries, please contact our expert Charlotte Braham on 01494 521 301 for further advice.


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