Employment references and the law

Abstract

Purpose

This paper aims to examine whether employers are bound to provide references on former employees and the kinds of information they should contain.

Design/methodology/approach

It arrives at a set of conclusions through considering case law in England and Wales.

Findings

It explains why writing a reference is increasingly the responsibility of human-resource specialists in an organization.

Practical implications

It reveals that employers have a number of options, the choice between which will depend upon the organization’s aversion to risk and its balancing of the obligations felt to employees and their future employers.

Social implications

It considers that, in an increasingly risk-averse culture, more and more organizations are providing minimal information in references on former employees and avoiding value judgments.

Originality/value

It considers the state of the law in England and Wales as regards writing references on former employees.

Citation

Mustafa, E. (2014), "Employment references and the law", Human Resource Management International Digest, Vol. 22 No. 7, pp. 39-42. https://doi.org/10.1108/HRMID-10-2014-0143