We are often asked about Settlement Agreements and references.
Employers are not normally under any legal obligation to provide a former employee with a reference.
If an employer does agree to provide a reference then the employer must be satisfied that the reference is true, accurate and fair. If an employer provides a reference that is untrue or inaccurate then they can be sued for ‘negligent misstatement’, so it is important that they do not leave themselves open to a legal action of that kind.
We are often asked whether an agreement to provide reference can be included in a formal Settlement Agreement. It is possible to do this and we are happy to discuss any query you might have about Settlement Agreements and references.
You may have already worked out the wording of the reference with your employer, in which case that wording can be included in the Settlement Agreement.
If the wording of the reference has not already been drafted and agreed then we will be happy to raise this issue with your employer and act on your behalf in agreeing a reference that can be included in the Settlement Agreement.