Written Reference

Brando_ie

Does anyone know if a current employer has a (legal) obligation to provide a written reference when terminating a part time contract, or can they instead opt to allow for a phone call to discuss a candidates reference?

It may be circumstantial but a former employee understood that their 'reliability' had been called into question when a verbal reference was sought (the candidate was then offered a 'renewal' by this employer but refused and took the alternate position).

I know that an employer can refuse to give a reference for an employee or even to speak on a particular aspect when asked, rather than give a detrimental opinion (granted refusing a reference or a portion of one would be damning enough in its own right).

The current candidate has had her contract terminated with an option of renewal after the summer and this tactic seems designed to hamper the former employees efforts to secure alternative employment during the summer until the organization have sorted there own affairs out and by which time it would be too late to ensure an alternative position?

Can the employee insist on a written reference or are they under the thumb of the employer until after the summer? (this employer has a history of and seems to rely on the ignorance or his employees to bend / circumvent plenty of employment rules, even going so far as to prevent minutes being taken during staff meetings, so he has the option of denying particular aspects of the meetings when called into question.... i.e a T W A T)

Any advice would be welcome and appreciated.

BuffyBot

From oasis.gov.ie:

Often, an employee obtains a reference from their employer (or the employer agrees to act as a referee for the employee) when you change job or leave work. A reference is a formal recommendation (often in writing, but may be oral) by a former employer to a potential future employer. This formal recommendation describes the person's qualifications, experience and dependability. There is however, no statutory entitlement to a reference in employment law in Ireland. This means that you do not have any automatic right to a reference from an employer when you leave employment. While employers are not obliged to provide references (or act as a referees), they may do so entirely at their own discretion.

So me, there is no obligation for them to provide a written reference.

DOLEMAN

Lots of places have a "no reference" policy. It's in their interest NOT to give references as saying something bad leaves them open to all kinds of suing situations...