Once the worker starts with a new employer they can ask to see a copy of a reference. They have no right to ask their previous employer.
The employee may be able to challenge a reference they think is unfair or misleading if they consider they’ve been given an unfair or misleading reference, they may be able to claim damages in a court. The previous employer must be able to back up the reference, such as by supplying examples of warning letters.
The former employee must be able to show that the reference misleading or inaccurate, that they ‘suffered a loss’ – for example, a job offer was withdrawn.
As always we recommend taking appropriate advice before taking any action.
The Graham Agency, keeping you informed.