Employment Law & HR FAQs

Yes, a former employee can request to see this. They can also submit a Subject Access Request (SAR) - under the General Data Protection Regulations, as this is classed as personal data and would need to be disclosed. Although, it is important to be mindful of any third party information that may be contained in the reference and may not therefore be disclosable under an SAR.

You may be able to claim damages in court. However, you would need to evidence that the reference was misleading or inaccurate and that you suffered a loss as a result. Losses may include but are not limited to reputational damage, withdrawal of a job offer and/or financial losses.

It is increasingly common for employers to only issue factual references that state your job title and dates of employment. References can sometimes be agreed during settlement agreement negotiations, and may tend to include more than a simply factual reference.

You should still provide a reference on factual terms, setting out their job title and dates of employment. You should not state the reason for termination of employment (e.g., dismissal), unless required to do so by law or for regulated firms. An example of a required disclosure is a financial trader dismissed for theft.

Whilst it is good practice, in most cases an employer is not obliged to provide a reference to a new employer, however there are exceptions to this. Exceptions include where agreement or requirement to provide a reference is stated within your contract of employment and where a regulatory reference is required.

It is possible to do so, as long as it is factual. However, it is strongly recommended that you obtain legal advice before doing so, as it could give rise to a defamation issue.