By Max Winthrop | Brightmine editor: Lilia Dangi
This guide sets out the legal position on providing employment references, including the content and format of a reference; the level of detail to include in a reference; what information should not be included in a reference; and the employer’s data protection obligations.
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- No strict legal requirement to provide reference
- Exceptions where providing reference is expected or required
- References policy
- Refusing to provide reference
- Reference content and format
- Duty to employee
- Duty to future employer
- Basic or detailed reference?
- Sector-specific requirements
- Agreed reference wording
- Personal or sensitive information
- Limited liability disclaimer
- Negative or misleading references
- Specific scenarios
- Former colleague requests personal email from employee
- Current or former employee requests to see reference
- Data protection obligations
- Consent
- Other legal grounds
- Privacy notices and policies
- Remedies and penalties
- Discrimination
- Victimisation
- Defamation
- Malicious falsehood
- Negligent misstatement
- Breach of contract
- Claims by prospective employers
- Future developments
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About the author
Max Winthrop
Max Winthrop is a partner at Sintons LLP. Noted by both Chambers Guide to the Legal Profession and the Legal 500 as a leading practitioner in employment law, Max regularly appears in tribunals up and down the country as well as in the appeal courts. Max has lectured in employment law at Durham University and he was the chair of the Law Society’s influential Employment Law Committee from 2017-2020. As chair, he has been actively involved in employment law developments, including giving evidence to parliamentary committees.
Max is regularly quoted in national publications such as the Times and the Financial Times, and he has appeared on BBC Radio 4 and LBC as well as BBC and Channel 5 TV.
Max is a member of ELA, the Industrial Law Society, and is secretary of the Newcastle Employment Tribunal Users Group.
About the author
Lilia Dangi
Legal Editor, Brightmine
Lilia joined the Employment Law and Compliance team as a Legal Editor in March 2025.
Lilia has over 10 years’ experience in HR, with a strong background in employment law, compliance, and governance. She has worked across major organisations including Deloitte, Santander, and Unilever, advising on complex employee relations matters, immigration and change management.
Lilia also brings experience as a CIPD tutor, delivering modules on employment law and workforce planning. She holds a Law degree, a Law Masters in Corporate Governance, and is a certified Company Secretary and CIPD Associate.
Connect with Lilia on LinkedIn.
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