Most people assume a former employer is obliged to write them a glowing reference, and most people are wrong on both counts. In the UK there is no general legal duty to provide a reference at all - an employer can simply decline, and many large organisations now do exactly that, offering nothing beyond the bare facts. Understanding what a reference can and cannot contain saves you from two common mistakes: panicking about a vindictive ex-manager, and over-relying on a contact who is only permitted to confirm your dates of employment.
No duty, but a duty to be fair
An employer is not required to give a reference (outside a few regulated sectors such as financial services). When they choose to give one, though, a different rule kicks in: the reference must be true, accurate, and fair, and it must not give a misleading overall impression. An employer who writes something false and damaging risks a defamation claim or a negligence claim from you; one who writes a recklessly positive reference could in principle be liable to the new employer. That legal exposure is exactly why so many companies have retreated to the safe, factual minimum.
So the cartoon of the bitter boss torpedoing your career with a scathing letter is mostly that - a cartoon. A reference riddled with unfair or unverifiable criticism is a legal risk to the employer, not just to you.
Basic versus detailed
A basic reference confirms the uncontroversial: your job title, and the dates you were employed. That is it. A detailed reference goes further - performance, attendance, reason for leaving, sometimes a comment on suitability - but employers offer it entirely at their own discretion, and HR departments increasingly refuse to, precisely because every extra sentence adds risk.
What about a sickness record or a disciplinary you served? An employer can mention factual matters, but disability-related absence sits under the Equality Act 2010, and disclosing it carelessly can stray into discrimination. Spent disciplinary warnings that have lapsed should not be dredged up as though they were live.
- Ask a former manager directly whether they are willing to act as a referee before you list them - assumptions cause the worst surprises.
- If you fear an unfair reference, you can ask to see what was sent, and a solicitor or ACAS can advise on whether it crosses a line.
- Line up referees who actually remember your work, not just the most senior name you can think of.
If your old employer offers only dates and title, that is not a snub - it is policy, and the hiring manager reading it knows that perfectly well. Bring a referee who can speak to the work, and the bare-bones reference becomes a footnote rather than a verdict.