Is it illegal for a former employer not to provide a reference ?

Question

I'm French and have worked in a school in England as what they call a Foreign Languages Assistant. I'm now aplying to School Initial Teacher Trainings who ask me for 2 references.

I'd taught a little bit in France and managed to get a reference from my French principal quite easily BUT I've emailed, called, asked School Initial Teacher Trainings to send themselves a letter to my former boss in England AND he seems more than reluctant to provide me with one. Before I left, he'd verbally agreed to provide me with references but now that I'm no more at the school, it seems like he couldn't care less. I was talking to an English friend about the problem and she told me that NOT giving a reference to a former employee is ILLEGAL. Could anybody please confirm me that because I'm really starting to think of taking legal action here...

Answer 1

Have you considered what kind of reference you will get if you take legal action against him? Use someone else.

Answer 2

Your employer has to confirm your dates of employment, but is not require to comment on the quality of your work.

Answer 3

No, it's not illegal.  A company has no duty to provide a reference for an ex-employee.

It would only be illegal if they have agreed to provide a reference and then subsequently failed to do so as they would be in breach of contract.

Answer 4

No this is not illegal....ex employers have the right to refuse...sorry

Answer 5

It is a common misconception in the UK that former employers have to give references and that they cannot give a bad reference.

Companies are under no obligation to give references for ex-employees, and where they do many will now only confirm position and dates.  Companies must give an accurate reference, and if this means answering some questions in a negative way then so be it.

I do not believe that there is any legal recourse available to you.

Answer 6

Yes. Your employer has a statutory obligation to provide it.

Answer 7

No, it is not illegal, there is no right to a reference.

An employer can also give a bad reference providing that they can back it up. e.g. letters of rubuke for lateness, attitude, etc. that they will have on file in Human Resources Dept.

I suggest you seek out another reference.

Answer 8

its common. Many companies only confirm dates of employment.

Answer 9

It is not illegal. Trying to prove Breach of contract as Duke suggests, unless you have this offer and agreement in writing, would be extremely difficult to prove. My god, you'd have to pay a fortune in legal fees. Even if you represented yourself, you'd run the risk of having to pay the costs for the other side, and the hassle. And the damages you'd be able to claim, well, let's see - if the lack of reference cost you the job, then you might have something. It really would seem like a waste of energy in my opinion over something not really secure enough to win your case for you.

So, no, not illegal to not provide a reference. It is illegal to say anything in a reference that can't be backed up with evidence. So many employers rather let the new employer infer anything from their silence if they feel like writing a bad one or if they have nothing good to say. It seems like your employer is merely lazy, and there aint a lot you can do about that, I'm afraid. Threatening them with legal action might make you feel better for a moment, but it's not going to help you if you need to use them as a reference again!!

Answer 10

It isn't illegal, they can refuse to supply a reference. However I have been told in the past that they can't/shouldn't provide a completely negative reference. I'm not sure if this is 100% fact.