Writing a reference for an employee's new employer can land you in legal hot water, but you don't want to prejudice your employee. This factsheet is to help you understand your rights and obligations when providing references, so you stay safe, but fair.
First, make sure you know whether the reference you are giving is on behalf of your business, or a personal reference from you as an individual. If given on behalf of the business, then the business is responsible for what is in it. If given using the business' notepaper, or via your work email account, it is likely to be treated as a business reference if there is a dispute. Consider introducing a policy that identifies who can give references, and whether they need to be 'signed off' by anyone else first.
Click to read more about giving references including What can go wrong, Policies, Disclaimers and more.
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