Reference Rules When Staff Leave

Reference Rules When Staff Leave

A member of your domestic or household staff has told you they want to leave your employment, so what is the legal situation regarding references?

Probably, the very first thing to consider is the period of notice to be worked, and to set this in writing.  Your employee will probably ask you for a reference, so do you have to give one?  Are there rules about what can be said about an employee?

You do not have to give you a reference, unless it states that you do in the contract of employment.  If you do give a reference it must be fair and accurate, can include details about the employee’s work performance and if they were dismissed. It can be brief – such as job title, salary and dates during which the person was employed.

If the employee feels that the reference they have been given is unfair or misleading they may be able to challenge it in an Employment Tribunal and seek damages.  To do this they must be able to demonstrate the reference was  misleading or inaccurate, that they ‘suffered a loss’ – for example, a job offer was withdrawn.

You may need to be able to back up the reference, such as by supplying examples of warning letters.

The Graham  Agency, keeping you informed.