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References - Legal Rights

  • 06-11-2008 9:14pm
    #1
    Happy Monday
    Registered Users, Registered Users 2 Posts: 1,216 ✭✭✭


    Does anyone know if a previous employer is obliged to give you a reference?

    Are there legal rights in relation to all of this?


Comments

  • #2
    Wishbone Ash
    Registered Users, Registered Users 2 Posts: 25,055 ✭✭✭✭Wishbone Ash


    Happy Monday wrote: »
    Does anyone know if a previous employer is obliged to give you a reference?

    Are there legal rights in relation to all of this?
    No - they are not under any legal obligation to give a reference. Some employers have a policy of not giving references (regardless of the merits of the employees).


  • #3
    Kamili
    Registered Users, Registered Users 2 Posts: 2,480 ✭✭✭Kamili


    According to this that is no longer the case
    http://www.irishjobs.ie/ForumWW/WWIndividualArticle.aspx?ParentID=80&CID=132&ForumTypeID=1987
    Another development in the law relating to references is that until very recently it was thought that an employer was under no legal compulsion to provide an employee with a reference.

    However, following a referral to the European Court of Justice, employers may also be liable in damages for failing to provide a reference to an employee who has left.


  • #4
    AARRRGH
    Closed Accounts Posts: 12,382 ✭✭✭✭AARRRGH


    Interesting. However from citizens information:
    Obtaining references when leaving employment
    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.


  • #5
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    Both sources are correct.

    There is no obligation on an employer to provide you with a reference.

    However, failing to do so opens up the employer to legal action from the employee if the employee fails to get the job due to the employer not providing a reference.

    So, the answer is still that a former employer is not required to supply a reference.


  • #6
    Eoin
    Registered Users, Registered Users 2 Posts: 21,263 ✭✭✭✭Eoin


    And presumably a reference can just be "Mr/Mrs/Ms X worked here from <startdate> to <enddate>".


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