Requesting references

◦It has become common practice for an employer to give a reference in respect of an employee or former employee almost as a matter of course, unless there are good reasons for not doing so.

◦Check whether the references are required before employment commences - if so, any offer letter should contain a statement that the offer is conditional upon and subject to receipt of satisfactory references. The statement must be made to the employee before he accepts the employment, so that it becomes a term of the contract. If the employment is started before those references are received, the employment contract should provide that, if unsatisfactory references are received, the employer has the right to dismiss without notice

◦Specify the level of detail required: the reference might just state the employee's job description, length of service and reason for leaving, or might give an assessment of the employee's performance, abilities, attendance record, disciplinary record and character. As a minimum, any reference should usually state the dates of the employment and the employee's job title(s) or duties.

Providing references

◦Check whether references are generally to be given in respect of former employees