What Can An Employer Say In A Reference UK – When you’re leaving a job, there’s loads of things to sort out. P45, final payslip, tax codes, pension contributions, and possibly one of the most crucial things for starting any new job, your reference.
One of the most common concerns, when people are leaving a job, is about references.
What if your employer doesn’t give a good one, for example?
Well, the good news is that any reference an employer gives must be accurate and fair.
What Can Be Included In A Reference?
It’s entirely up to the employer how much or how little is included in a reference.
A basic reference will include a short summary of your employment including your job title and the dates that you worked there (e.g. From April 2020-February 2022).
A more detailed reference is likely to include:
- Your reason for leaving.
- Details of any disciplinaries during your employment.
- How much time you were off work.
- Details on your experience, skills, and ability.
- Information on your strengths, weaknesses, character, and suitability for your new opportunity.
And it will also include answers to any questions posed by the new employer who has requested the reference.
It’s up to the employer how much detail they go into in the reference, and it may depend on your relationship with them, the length of service you’ve given, and any policy that the employer has on references.
What Can’t Be Included In A Reference?
On the flip side, some things CAN NOT be included in references, and some things employers simply can’t do in a reference.
For example, references can’t include personal information that isn’t relevant to their employment and the reference cannot be deemed to be misleading.
As we said earlier, all details on the employee’s character, role, and performance have to be fair and accurate. If there’s any subjective opinion included then supporting evidence must be provided.
Crucially, it’s also against the law for any information on any protected characteristics to be shared in a reference or when checking or requesting a reference.
The protected characteristics include:
- Sexual orientation.
- Gender reassignment.
- Marriage and civil partnership.
- Religion or belief.
For example, if an employer withdraws a job offer because your sexual orientation was mentioned in your reference, this opens up a potential discrimination case for the employee to take up.
There are exceptions, however, such as if a protected characteristic is an essential part of the job – e.g. if it’s a role at a Catholic church, then being a Catholic might be an essential requirement.
Employment Solicitors Near Me
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