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References


Are workers entitled to receive references?

Employers (except those covered by the Financial Services Act 1986 in the UK) are not legally bound to issue references on ex-employees unless the contract of employment specifically gives the employer such an obligation.

Can workers take employers to court about things that are written in references?

Employers who provide references should ensure that statements are true and accurate and give a fair representation of the person. An employer could be pursued by an ex-employee for libel or defamation of character through a Civil Court, if they consider the reference to be inaccurate.

The Data Protection Law may, in certain circumstances, allow an individual to gain access to a reference written about him from the recipient of that reference, particularly if the individual believes that the reference was unfair or not truthful.

An employee who wanted to pursue such a claim, should seek legal advice or advice from the Citizens Advice Bureau (http://www.cab.org.je/) on how to progress a claim through the Courts.

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