BWF members such as yourselves frequently use our Member and Technical Helplines for assistance on a wide range of Employment, Health and Safety, Contractual and Technical issues. We’re putting up a frequently asked question every Tuesday in order to help members and illustrate the type of advice we are able to provide. If you have any questions that you would like to see featured, we would be happy to assist. This question and many others like it can be found in our Question Centre. If you want further advice on any of the issues, don’t hesitate to ring the helpline or browse our extensive publications library, which includes our ‘Discipline in Employment’ guide, redundancy guidance, training advice, procedures for dealing with ill health absences, and, of course, the BWF’s Employee Handbook. This week: As an employer, do I have to give an employment reference to a previous employee if requested to do so? There is no legal obligation for an employer (or work colleague) to give a reference, unless there is an express contractual obligation to do so. In addition to this, a employment reference doesn’t have to be a detailed account of the individual’s employment. An employer is obliged to provide or confirm the individual’s position and employment dates if asked, but, if an employer chooses to give a reference, then there is no need for it to be any more than this. Nowadays, some employers have a policy of not giving detailed references, but only confirming dates employed and positions held. This may also be the case if the individual’s has left under the terms of a compromise agreement. If an employer chooses to give a more detailed reference, then this has to be an accurate account and not misleading. Referees should show due care to avoid possible legal action from the individual or even from the downstream employer. An example of this could be if the initial employer failed to mention that the individual had been dismissed for a reason which would cast severe doubt on their suitability for employment. The individual would, however, have grounds for complaint if they could establish that misleading information provided in the reference would have a material affect on the possibility of them finding a reasonable employer. It would be unlikely that someone would have legitimate grounds to complain about the refusal of a reference, but the employer still has to be wary of discrimination and victimisation issues. If the individual was refused a reference, with references having been routinely given upon request for previous employees in similar circumstances, then they may have grounds for a complaint.