This Practice Note outlines the issues that arise in relation to giving, or seeking, an employment reference (ie a reference concerning the employee’s employment history) in respect of an existing, former or prospective employee.
The employer may also be asked to provide a financial reference for an employee, eg in relation to a mortgage application. Such a reference typically involves the provision of brief, factual details, such as dates of employment, Remuneration and the extent to which the employment is permanent.
This Practice Note is concerned only with employment references.
For an overview of the practical issues to consider when requesting or providing a reference, see: Checklist for references.
Acas has produced guidance on job references, including:
- •
when an employer must give a reference
- •
what employers can say in a reference
- •
what an individual can do if they cannot get a reference
- •
what an individual can do if they get a bad reference
Obligations to provide a reference
There is no general duty on an employer to provide a reference, unless there is an express (or implied)
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Remuneration definition
What does Remuneration mean?
In a defined benefit scheme, the amount of pension earned is invariably related to the amount of salary; HMRC calls this remuneration. So far as scheme rules or an employer's policy is concerned, it can include or exclude bonuses, commission and other fluctuating emoluments.
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