Time To Go?
Time To Go? Leave On Good Terms
OK, you have decided to leave your current employment, perhaps it’s time for a change, perhaps it didn’t work out quite as you hoped and expected. The best advice we can give is to try to leave on good terms if possible, with a written notice period worked out.
You will probably ask your employee for a reference, so do they have to give you a reference and are there rules about what can be said about you?
Your employer does not have to give you a reference, unless it states that they do in your contract of employment (best to check). If they do, it must be fair and accurate and can include details about your work performance and if you were sacked. It can be brief – such as job title, salary and when you were employed.
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 former 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to show that the reference was misleading or inaccurate, that they ‘suffered a loss’ – for example, a job offer was withdrawn.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.