Can an employer give a bad reference?

Yes, if it is fair and accurate — and no, if it is misleading, inaccurate or discriminatory. Most employers are not obliged to give a reference at all, which is why the reference is one of the most useful things to fix in writing when you leave, especially if you are leaving under a settlement agreement.

Can an employer give a bad reference?

Acas, whose guide was last updated on 1 October 2026, puts the rule in two sentences:

So “bad” is not the test. A reference that says, truthfully, that you had a live final written warning or that you lacked experience for a role can be both unwelcome and lawful. A reference that says you were investigated for theft without saying you were cleared is the Acas example of one that could be misleading.

The same guide sets the general standard for anything an employer chooses to write:

Acas adds that opinions should be supported by evidence: if a performance record shows areas to improve, the reference should not say the employee excelled. The rule cuts both ways, and it is why some employers prefer to say very little.

Does an employer have to give a reference?

Usually not. The Acas guide lists the exceptions:

Two things follow. First, a refusal on its own is not unlawful for most jobs, and an employer with a policy of giving no references, or only basic ones, can stick to it. Second, the exceptions are all about what has been agreed. If your contract promises a reference, or a settlement agreement does, the employer is bound by its own promise. Acas also notes that an employer’s reference policy can limit how much a reference includes and who may give one on the employer’s behalf.

When a refusal can be unlawful

A refusal becomes a problem when the reason for it is discriminatory, or when it is a response to something you did that the law protects, such as complaining about discrimination. Acas gives the example of an applicant who believes a negative reference was given because they witnessed discrimination by the employer that wrote it. The rule that reaches beyond the end of employment is this:

So the end of the job does not end the employer’s duties under the Equality Act where the treatment is closely connected to the old relationship, and a reference is the most obvious example of that.

If you cannot get a reference at all

Acas suggests asking the new employer whether it will accept a reference from someone else — a manager or colleague, a different employer, or a character referee — or a probationary period instead. Where an employer only gives basic references, ask for a basic one: a short written statement of your role and dates.

What can an employer say in a reference?

The employer decides how much to include, unless its own policy limits it. Acas describes three kinds:

What a reference should leave out

Acas also says a reference must not include irrelevant personal information, and must not disclose any protected characteristic — age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation — in a way that could be used to discriminate.

If you left while a disciplinary process was open, the wording matters. “Recent and relevant” is the Acas test for disciplinary records; an investigation that ended with no finding should not be presented as if it had found something. Gross misconduct and the Acas Code.

Can you see your reference?

You can ask, and Acas suggests asking in writing — either the employer who wrote it or the one who received it. But a reference given in confidence is outside the usual right of access to your personal data:

In practice that means you may not be able to see a confidential reference through a subject access request. Acas points to the Information Commissioner’s Office for the detail of your access rights. If a job offer is withdrawn and both employers refuse to show you the reference, Acas suggests that may be grounds for a complaint.

Challenging a bad reference

Acas sets out an order of steps, from the informal to the legal:

1. Talk to the new employer. Ask what concerned them, answer it with evidence if the reference was wrong, offer other referees, or suggest a probationary period.
2. Ask the referee to check it. If an offer is withdrawn, Acas suggests asking the person who gave the reference to check it was fair and accurate; it may be a simple mistake.
3. Ask to see it, in writing, from either side.
4. Consider a complaint or a claim. Acas says that if the issue cannot be resolved it may be possible to make a claim to an employment tribunal or to bring a claim in the civil courts.

A discrimination claim has its own time limit, and it runs from the act complained of, not from the end of your employment. If you think a reference was discriminatory, take advice promptly. Discrimination claims and settlement.

An agreed reference in a settlement agreement

This is where the rules above become practical. Because most employers owe you no reference at all, a written promise is worth having, and Acas names the settlement agreement as one of the ways an employer becomes obliged to give one. It is also one of the few terms that cost the employer nothing, which makes it easy to ask for.

Three things make an agreed reference worth more than a vague promise:

• The wording is attached. A schedule with the exact text is better than “a reference in terms to be agreed”.
• It covers phone calls. Ask for a term that any verbal reference will be consistent with the written one, and that requests go to a named person or department.
• It matches the announcement. If the agreement also fixes how your departure is announced internally and externally, the two should tell the same story.

Acas notes that some roles regulated by the FCA or PRA carry their own reference obligations. If you work in one, ask the adviser who signs off the agreement how the agreed reference fits with them. The clauses in a settlement agreement · what to ask for besides money.

Common questions