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There is no legal obligation to provide a reference except in a few sectors, such as financial services, but any reference that is provided must be true, accurate and fair. Your employer owes a duty both to you and any prospective employer.
There is no statutory or moral requirement upon an employer to provide a reference for a former employee. The exceptions are where the former employer has expressly agreed with the employee that a reference will be given as part of their negotiated exit conditions.
There is never an obligation to give someone a reference. You can politely and diplomatically decline the request without offending the person who asked you. The trick is to do so without making your refusal sound like a personal criticism or a professional rejection.
ALWAYS ask references about a candidate's workplace behavior, ethics and the reason that they left the company. ALWAYS be vigilant for evidence that a reference is not telling the whole truth about a candidate.
Typically, employers are allowed to share general information regarding your tenure with their companiesthings like your dates of employment, job title, and responsibilities, all which serve to confirm your employment and validate the things you likely provided on your resume for potential employers.
Be Specific. Be specific in what you're asking your former colleague to do for you. If you want to list his name and contact number as a reference a potential employer can call, he has to be open to discussing your professional work history.
Can I see the reference that my previous employer wrote? Your previous or current employer do not have to automatically show you a reference they have written about you. Once you start a job with a new employer, you can ask them for a copy of any reference they have been given from your previous employer.
If your old employer doesn't want to give you a reference, you could ask them just to give a short one - known as a 'basic reference'. For example, they could confirm when you worked for them and what your job title was. A lot of employers only give basic references, so your new employer won't think it's unusual.
A former employer can legally refuse to give information concerning an employee other than his official title and the dates he was employed. While this is legal, it's generally considered just as bad as giving a negative review, according to reference resource website References-Etc.
Busted. Unless your business is regulated by the Financial Services Authority, generally there is no legal obligation on an employer to provide a reference for an employee or ex-employee and you are entitled to refuse to provide one.