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I am resigning from my current post and want to ensure that I get a reasonable reference from my employer. How should I do this?

Where possible it is worth parting on good terms with an employer so as not to run the risk of prejudicing any future reference they may be asked to provide about you.

Whether there is a legal obligation on the employer to provide a reference is debatable.

Even though it is regrettably unusual for there to be an express right to a reference, there may well be an implied duty. For example, it may be customary to supply a reference in a particular industry or for particular types of employee. In addition it is now clear that a failure to provide a reference as a form of retaliation (for example because an employee has brought, or threatened to bring, a discrimination claim) may amount to victimisation and thus lead to another award against the employer.

Many employers have a policy of only providing a reference with very basic information (e.g. to confirm dates of employment and job title). Although due to its widespread use, attitudes are changing, such a reference is often viewed as a bad reference. For example, many public sector employers will require a prospective new employee to provide a completed reference form (in which questions about an individual’s work record and aptitude for tasks are asked of his or her previous employer).

In any event, where a reference is given, the employer has an implied duty of care to both the former employee and the prospective employer. The reference must be accurate and compiled carefully. You may be able to bring a civil case for negligence if you suffer damage as a result of an inaccurate reference (e.g. the reference causes a job offer to be withdrawn).