Could you define best practice in terms of providing references for employees?

Posted in : First Tuesday Q&A ROI on 2 February 2016
Zelda Cunningham
Arthur Cox
Issues covered:

There is no legal entitlement for former employers to provide references to former employees, however, it is usual practice to do so. There are two types of reference which an employer may give to future employers/former employees (i) a statement of employment and (ii) a reference including comments on performance, conduct etc.

References can be given in writing or orally (or both). If a statement of employment is issued orally, the provider of the statement should keep a detailed record of the conversation on file. Such records can be released to the employee under a Data Access Request or in Discovery in the context of a civil claim against the employer. 

Statements of employment are

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Back to Q&A's This article is correct at 02/02/2016
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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

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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