The start of a new year can be a popular time for employees to change jobs and so we look at the law surrounding the provision of references.
Generally speaking, there is no duty on an employer to provide a reference unless there is an express (or implied) agreement to do so. There is also no general obligation for an employer to reply in the particular format requested by the person requesting the reference.
If the club does not want to provide a reference there is no legal obligation to do so except:
• Where a refusal to provide a reference would be discriminatory because of any of the protected characteristics under the Equality Act 2010, even where there is no longer an employment relationship.
• Where the employee (or ex-employee) has previously brought discrimination proceedings against the club, given evidence or information in connection with such proceedings, made an allegation of unlawful discrimination or done anything else under or by reference to the discrimination legislation. In such circumstances a refusal to provide a reference may result in a separate and additional claim of victimisation.
• Where there is an agreement to provide one, either in a settlement agreement or a contract of employment (whether express or implied).
• Some employers in the financial services sector are required to obtain, and to provide when requested, references including prescribed information but that will not apply to golf clubs.
Responding to a reference
When a club responds...
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