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There is generally no contractual duty on an employer to provide a reference (in the absence of an express agreement to do so in a contract). However, if an employer does provide a reference for an employee or former employee, it should be fair, truthful and accurate.

It is advisable for employers to have a formal policy to help them handle reference requests fairly and consistently. The policy should make clear who in the organisation can provide references and in what circumstances. A formal policy, providing guidance to employees who are asked to write references, can help to protect employers from the inference that a reference was given, or not given, for discriminatory reasons (or as an act of harassment or victimisation). However, it is important to note that if an employer has such a policy but fails to follow it, negative inferences could well be drawn.