What are the legal requirements when providing references, what are we obliged to do?

Posted in : First Tuesday Q&A ROI on 4 March 2014
Zelda Cunningham
Arthur Cox
Issues covered:

There is no general requirement in law that requires an employer to provide a reference in respect of an employee, however, practically speaking, it is often necessary to do so to enable the employee to obtain new employment. In most circumstances, it is sufficient for an employer to provide a statement of employment stating that the employee worked in the company in his role for the specific period.

In terms of the content of any reference, the employer is under a duty to take reasonable care in the preparation of a reference; this extends to ensuring the accuracy of the facts on which any opinion expressed in it is based. Further, the employer owes a duty of care to provide a reference

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

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Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email zelda.cunningham@arthurcox.com

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