Jennifer Cashman has more than 20 years’ specialist experience advising a wide range of employers across a number of sectors. Recognised as a Leading Individual in Irish Employment Law in the 2023 edition of The Legal 500 Europe and is also recommended as a Leading Lawyer (Band 1) in Chambers Europe. Recognised thought-leader on various employment law and HR issues, in particular retirement ages and age discrimination. Clients praise Jennifer for her “practical, business-focused advice” and say “she gives "straight answers to straight questions… clearly very experienced and her delivery is fantastic - always clear and to the point."
A troublesome employee has handed in their notice and has asked for a reference to give to their new employer. We usually give references to all employees but in this case the employee has recently become a poor performer and has timekeeping and absenteeism issues which we haven’t raised with the employee to date. Should these details be included in the reference?
The drafting of references is becoming somewhat of a legal minefield for employers and care should be taken when giving references in respect of employees. The above scenario is a typical example of when certain information should not be included in a reference. For example, the employee in question has a poor performance record but has not been
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