- Claim that the employee is suitable for their new role as this is subjective;
- Provide information in such a way that gives incorrect inferences to the new employer;
- Omit vital information that a new employer would expect to receive.
As an employer you are under no legal obligation to provide a reference for a former employee, however there may be exceptions in certain industries. If you do choose to do so, you have a responsibility to ensure references for a former employee are accurate and reliable. Providing a reference you cannot support can leave you in a position to be sued by your former employee for not getting a job or other financial losses. Poor references can also lead to a former employee claiming damages providing they can prove the reference is inaccurate and has caused them a loss. Employers should implement a consistent reference policy in order to avoid any claims of discrimination or victimisation. When giving references many employers provide facts of employment history as references, which can include the position of the employee, salary, etc. If, as an employer, this is your policy this should be made clear so a new employer does not assume a lack of information is insinuating poor performance. If you choose to provide a fuller reference you should not: