How many times have you wondered whether you should provide a reference for an ex-employee? Do you have to? How much information do you have to provide?
What you need to know is that there is no general duty to give a reference in respect of an existing or former employee, although a duty may arise in certain circumstances such as regulatory requirements, express agreement or custom and practice.
If you, as an employer, decide to provide a reference then you should ensure that your practice in respect of providing references is consistent. Failure to do so, may open you to allegations of discrimination or even breach of the implied duty of trust and confidence.
Where a reference is provided, an employer owes certain duties to both the former/ current employee and the prospective new employer.
Duty to the prospective new employer (recipient):
Duty to the former or current employee (the subject):
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