Since qualifying in 2018, Johanna has supported clients with disciplinary and grievance issues, defending employment tribunal claims, senior exits, redundancies, TUPE, and day-to-day HR queries. She also has a strong interest in the overlap between employment law and data protection, regularly advising on subject access requests, data breaches, employee monitoring, and matters involving cross-border workers.
Is an employer under any obligation to provide a reference for a former employee upon their request?
Generally, an employer is under no duty to provide a reference to a former employee. However, an employee’s contract may state that the employer will provide them with a reference upon request. In such circumstances, the employer would have an express obligation to provide the former employee with a reference. Even if the employee's contract is silent with regard to references, if the employer’s standard practice is that references are provided, this may constitute an implied contractual term through custom and practice. This would mean that the employer will have an implied obligation to provide the former employee with a reference and a
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