Does an employer have to give a reference about an employee who was suspended from work during an investigation and has since resigned? Esther Smith, partner at Thomas Eggar, and Martin Brewer, partner at Mills & Reeve, advise.
The question:
Our employee was suspended during investigation, and was about to be disciplined when she resigned. The investigation has not quite concluded because of her absence but she has asked for a reference for a new job. Do we have to give one? We have been told we must supply a factual one, but surely that would omit pertinent but unsubstantiated information about lack of trust and dishonesty?
Legal advice:
Esther Smith, partner, Thomas Eggar
Unless you are operating within a specific industry where there is an obligation to provide a reference, then there is no responsibility to do so. It is entirely up to an employer as to whether or not you provide one.
However anything you do provide, whether in writing or verbal, must be fair and factual.
