Is an employer legally required to provide a reference in the UK?

No. In most industries, there is no legal obligation for an employer to provide a reference. However, some regulated sectors such as financial services require references under FCA rules. Where a reference is voluntarily given, it must be true, accurate and not misleading.

Can I be sued for giving a bad reference?

Yes. Under the Hedley Byrne principle and the decision in Spring v Guardian Assurance, an employer may be liable in negligence if a reference is inaccurate, misleading or unfair. However, a reference can include honest and substantiated negative information.

What should an employer reference include?

At a minimum, an employer reference should confirm the employee's name, job title and dates of employment. Many employers limit references to these basic facts. More detailed references may include duties, performance and reason for leaving, but all statements must be accurate.

Can a former employee see the reference I wrote?

Under the Data Protection Act 2018, confidential references are exempt from subject access requests made to the person who wrote them. However, the employee may obtain a copy by making a subject access request to the organisation that received the reference.

Can I refuse to give a reference for a particular employee?

Generally yes, but you must not refuse on discriminatory grounds (e.g. because of race, sex, disability or because the employee raised a grievance or made a whistleblowing disclosure). Refusing a reference in such circumstances could give rise to a claim under the Equality Act 2010 or the Employment Rights Act 1996.

Is a verbal reference legally binding?

Yes. The same duty of care applies to verbal references as to written ones. An employer can be liable for negligent misstatement whether the reference is given orally or in writing. For this reason, it is advisable to use a written template.

Employer Reference Letter Template

An employer reference letter is a formal document provided by a current or former employer confirming key details about an employee's period of service.

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referee

Referee's Full Name*

Referee's Job Title*

Company Name*

Company Address*

Employee Details

Employee's Full Name*

Employee's Job Title*

employment

Employment Start Date*

Employment End Date*

Summary of Key Duties*

Reason for Leaving

Options

Include a performance assessment

Performance Assessment

Only complete if you have ticked the box above

Recipient Details

Recipient's Name (if known)

Details

Date of Letter*

Document Preview

[companyName] [companyAddress] [todayDate] To Whom It May Concern EMPLOYER REFERENCE — [employeeName] I am writing to confirm that [employeeName] was employed by [companyName] in the role of [employeeJobTitle] from [employmentStartDate] to [employmentEndDate]. During their time with us, [employeeName]'s key duties and responsibilities included: [dutiesSummary] I can confirm that during their employment, [employeeName] was not subject to any formal disciplinary action. Should you require any further information, please do not hesitate to contact me. Yours faithfully, ____________________________ [refereeName] [refereeJobTitle] [companyName]

Important Notes

Legal Disclaimer

There is no statutory duty for an employer to provide a reference in the UK. However, where a reference is given, it must be true, accurate and fair (Spring v Guardian Assurance plc [1995] 2 AC 296). Under the Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] principle, a referee owes a duty of care and may be liable in negligence for economic loss caused by a misleading or inaccurate statement. References must not be discriminatory under the Equality Act 2010. Under the Data Protection Act 2018 and UK GDPR, confidential references are exempt from subject access requests made to the referee, but the recipient of the reference may be required to disclose it. Some regulated industries (e.g. financial services under FCA rules) have mandatory reference requirements.

This template is provided for informational purposes only and does not constitute legal advice. For complex legal matters, we recommend consulting a qualified solicitor.

Frequently Asked Questions

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