What is the correct process employers should follow when providing ex-employees with a reference before/after they leave the Company? A statement of service is seen to be unfair for those who have been with the Company a number of years, however, a longer character reference could potentially lead to litigation where a number of employees leave the Company at the same time and some may be given a statement of service while others are given a long character reference.

Posted in : First Tuesday Q&A ROI on 4 August 2011
A&L Goodbody
A&L Goodbody
Issues covered:

There is no general obligation on an employer under Irish law to furnish an employee or former employee with a written reference. However, a former employee may seek to establish an implied contractual entitlement to a reference. Whether or not such argument would pass muster before an Irish court would depend very much on the specifics of the situation. In any event, it is advisable for an employer to put in place a formal policy in relation to the furnishing of references/statements of employment upon an employee’s departure and to apply such policy consistently. Where any such reference is given, it is vital that the employer can honestly stand over the terms of same, and that the

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Back to Q&A's This article is correct at 02/09/2015

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A&L Goodbody
A&L Goodbody

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