A member of staff recently resigned in circumstances where her conduct was being investigated. The nursery has now been approached by another nursery to provide a reference. Is there any legal obligation to do so?
It is a common misconception that there is a legal obligation to provide a reference for an ex-employee. There is no such obligation, but there is an expectation to do so.
Refusing to provide a reference could give rise to a claim. It could be claimed that the refusal is due to discrimination or is an act of victimisation. Therefore it is important to have a legitimate reason that can be supported by evidence if required. A legitimate reason could be the circumstances in which the individual left the nursery, but a consistent approach would need to be demonstrated to avoid a discrimination claim.
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