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See if you know the correct answers to these scenarios

Fred has been working for the company for two years and then resigns. He asks you for a reference. 

• What do you legally have to do?

There is no legal obligation to provide one however if in the past, others have received a written reference, then you should be seen to treat Fred fairly and give him a written reference as well.

Many employers provide a reference or a certificate outlining the employee's length of service with their employer when an employee leaves their job, even though there is no legal requirement for an employer to do so. Some employers choose to provide a more detailed reference.

If you as the employer do decide to provide a reference, you must take reasonable care to make sure that the reference is a true and accurate reflection about Fred as the employee.

Fred has now left the company and a prospective employer phones you for a reference on Fred.

• What do you do?

It is important that where a verbal reference is requested by a prospective employer that the past employer (you) should ensure that the previous employee provides consent for the reference to be provided. While there is no clear case law on this, it is a prudent course of action to take as it may avoid any possible claims from the previous employee, such as defamation or breach of privacy.