Can your employer give you a bad reference?

What can you do if you get a bad reference?

If the reference provided by your employer is false, in the first instance, consider speaking to them to find out if they would be willing to reach some form of agreement as to what will be said in future references. You could also raise it with prospective employers and explain the situation from your point of view.

A reference must be accurate. An employer must be able to provide supporting evidence for a bad reference, such as letters of warning or incident reports. If you think you've been given an unfair or misleading reference, then you may be able to claim damages.

Reasonable grounds you can contest a negative reference

• Negligence: If your employer cannot prove that their negative statement is correct you may be able to bring a claim for negligent misstatement. To do this you would need to prove their reference is false or misleading and has had/ is likely to negatively impact your future employment prospects.
• Discrimination: If the basis of the negative reference falls under a protected characteristic, your employer may be acting unfairly, and you could have a claim for discrimination in the Employment Tribunal. This also applies if you have supported someone else’s claim against your employer under the Equality Act 2010.
• Malicious Falsehood: You would need to prove the reference provided contained information that was not true, the statement was made maliciously.
• Breach of contract: There may be a clause in your contract relating to your employer giving you a reference. If there is, and you believe there has been a breach of this clause in any way, you may wish to consider bringing a claim.
• Defamation: This is when an employer or former employer has made incorrect statements about your performance at work. You may be entitled to a make a legal claim and take the employer to Court. If you are successful, you will be compensated for any financial loss incurred and emotional distress, however proving a defamation claim can be a complicated process, so it is imperative you speak to a specialist employment law solicitor.

We’re here to help

Our employment law experts often advise on settling employment disputes by reaching a settlement agreement. This agreement would cover the settlement of any potential employment claims, but would also include provisions for references and confidentiality, to help make sure that you can draw a line under the matter and move on with the next stage of your career.

If you are in need of legal advice on settlement agreements or other employment matters, call us on 0330 107 6481 or contact us online.