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Employment references for employees

A reference from a former employer can carry significant weight when applying for a new job. While many employers choose to give only a basic reference confirming your role and dates of employment, others may include more detailed feedback on your performance, conduct, or reasons for leaving.

There’s no legal obligation for an employer to provide a reference but if they choose to do so, they must take reasonable care to ensure the information is accurate, fair, and not misleading. If they fail in that duty and the reference damages your chances of securing a new role, you may be entitled to take legal action.

When things go wrong

Sometimes, a reference may include information that is inaccurate, unfair, or given with careless disregard for the truth. In some cases, it may appear intentionally damaging, particularly if you left your previous job under difficult circumstances. A negative or misleading reference can delay your career progression or even result in a job offer being withdrawn.

Depending on the situation, you may have grounds to bring a legal claim against your former employer. These can include:

  • Negligent misstatement – where a reference contains false information and was provided carelessly, causing financial loss.
  • Discrimination or victimisation – for example, if your reference reflects unlawful bias or relates to whistleblowing or maternity leave.
  • Defamation or malicious falsehood – where statements are knowingly false and made to cause harm.
  • Breach of contract – if your employer fails to follow a contractual or agreed procedure when giving a reference.

Talk to our employment solicitors today

If you believe a reference is unfair or preventing you from securing employment, our employment solicitors can step in quickly. We’ll review the facts, help you understand your rights, and take action to challenge the reference - whether that means seeking a corrected version, negotiating a settlement, or pursuing a legal claim.

We work with care and determination to protect your professional reputation and secure the best possible outcome for your future.

If you're concerned about a reference from a former employer, don’t let it hold you back. Our employment law team offers clear, compassionate advice and practical support when you need it most. Contact us today using our online enquiry form or call one of our local offices.