Helen O'Brien writes:

1. Legal Requirements

Apart from those industries that are subjected to requirements issued by regulatory bodies, there is no legal obligation on employers to provide references for existing or past employees. However, while there may be no general legal requirement, employers may decide that they wish to give references. How can employers avoid the common pitfalls and consequent difficulties should they decide or be required to give references?

The issue of references has been the subject of case law. This means that where an employer decides to provide a reference for existing or past employees, they owe a duty of care to that particular employee to ensure that any reference is:

• True (to the best of their