Employment References in Ireland-the Legal Considerations


in this video I want to take a look of
employment references in Ireland or her the legal considerations or the legal
issues clearly when an employee needs the employment or is forced to leave the
employment to the fair degree of disappointment if a reference is not
provided and depending on the relationship a good reference so what is
the obligation on the employer in terms of private references okay let’s have a
look generally in the position is that there’s no obligation on the employer to
give a reference however that may be changing in 1995 was a UK case and
called spring versus Guardian insurance and this case set out certain
circumstances that may give rise to an implied term in the contract of
employment that a reference will be provided the UK regulatory body for
insurance or the insurance industry load from other rules stating that the
employer was advised to give a reference to a new employer in respect of a
departing employee in this situation and I believe that the departing employee
was not given a reference and essentially UK the UK a court held that
it was a term or implied term of his contract that he would get one now that
is not the situation in Ireland I’m not saying that it is but I am saying that
it may give rise certainly in the future depending on the circumstances depending
on the profession depending on the industry where there may well be an
implied term in the contract of employment that a reference will be
provided for example if was impossible for an employee to get a new job and
exercise his constitutional right to air in a living well then it may well be the
case that he is or she is entitled to a reference the question arises then about
the duty of care in terms of giving references the duty of care according to
UK case law and it’s not as well developed in our
yes is that the reference is true fair and actress you need to note that it
does not have to be comprehensive so it can be to a certain extent economical
with the truth however it must not mislead so it can be or it must be true
fair and actress it does not have to be comprehensive the remedy is open to an
employee then in respective references in respect of in actress or untrue or
misleading references would be or might give rise to a train for breach of
contract might give rise to a negligence claim might give rise to a defamation
claim a claim perhaps that the European Convention of Human Rights was was
broken perhaps a discrimination claim or that
the employees rights constitutional right to earn a living has been impeded
are infringed so in summary in relation to employment references in Ireland
generally there’s no obligation on the employer to give up however if one is
given it must be a current fair it does not have to be full and comprehensive
and it must not mislead my name is tara Gauri I’m a solicitor in Enfield I do
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