Q: Is it legal for employers to refuse a reference for an employee whilst she is on maternity leave? Does the employer also have to provide them with a return to work date?
Mar 31 2008
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Answered by: Peter Done Ask a question
The answer would depend on the facts of the case. Although it is good practice for employers to give references, there is no legal obligation to provide one, except in some regulated industries like financial services.
If references are provided they must be accurate and shouldn't mislead the employer asking for them. Employers must remember employees on maternity leave are protected from being treated less favourably and therefore, any reference request should be treated as if the employee was not on leave. The reference would then be supplied dependent on the company’s own policy.
An employer is required to provide the employee with a date on which they are to return to work after maternity leave. The employer will assume that the employee will take the whole 52 weeks maternity leave entitlement. If an employee decides they want to return to work earlier than the date their maternity leave is due to end, the employee must give the employer eight weeks’ notice of the new date of return to work.
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