Acas has published new guidance to help employers and employees know the rules around employment references.
The guidance is based on the typical questions Acas receives on its helpline about job references. It includes top queries such as: can an employer refuse to give a reference?; how can I obtain a copy of the reference my previous employer has supplied?; if a reference is incorrect what can I do about it?; can my employer include absence rates relating to sickness in a reference?; and can an employer put negative things in a reference?
Tom Neil, Acas Senior Adviser said: “The job market can very competitive so it is vitally important for job applicants and employers to know what the legal requirements are around work references.
“Acas’ new advice has information on what to include in work references, when they are needed and how to resolve problems with references.”
Acas outlined that employers can usually choose whether or not to give a reference:
employers must only seek a reference from a job applicant’s current employers with their permission if a conditional job offer is made then it can be withdrawn if the job applicant doesn’t meet satisfactory references potential employers should remember a referee may not provide a reference or might inaccurately suggest the applicant is suitable job applicants who are unhappy with a reference can ask for a copy that was sent to their new employers and may be able to claim damages in court if they can prove it was misleading or inaccurate and resulted in the withdrawal of their job offer.