Are employees entitled to receive references?
Employers are not legally bound to issue references on ex-employees unless the contract of employment specifically gives the employer such an obligation.
Can employees 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 Jersey (http://www.cab.org.je/) contact details are 01534 724942 and 0800 735 0249 and email address email@example.com. on how to progress a claim through the Courts.