Giving an employee reference - be careful!
Writing a reference for an ex-employee may at the outset seem straight forward, however employers need to be cautious.
What Can Go Wrong
If you provide a reference you have a duty to take reasonable care to ensure it is true, accurate, and fair and not misleading.
• If you provide a bad reference that you can’t substantiate, you run the risk of your former employee suing you for damages if they did not get the job.
• If you provide a glowing reference for an employee who has not been satisfactory and that employee goes on to perform badly in their new job, the new employer could claim damages against you.
Your Options
• Do not give references as a matter of policy. Employers are generally under no obligation to provide references. If you decide on this option as policy it is advisable to reply to reference requests with a statement that it is not your policy to give them, particularly to avoid misunderstandings perhaps with employers believing that you had problems with the employee.
• Give the bare facts: many employers provide the minimum details e.g. the employee’s position and dates of employment. Again if this is your policy it is advisable to state that it is your policy not to provide further details.
• Providing a full reference. You may decide to give a full reference giving details for example about the employees attitude, timekeeping, drive etc. If you decide on this option remember you have a duty to ensure the content is true, accurate, and fair.
• Do not include sensitive personal data in a reference, e.g. information about the individual’s health, race or trade union membership, without first obtaining the ex-employee’s consent.
• Include a disclaimer: many companies aim to limit liability by adding a disclaimer stating that they cannot accept any liability for errors or omissions in the reference. However, in reality, how much protection a disclaimer will provide may be limited.
Whatever option you decide to go with the key is to be consistent. Inconsistency could lead to a claim of discrimination from a disgruntled employee. It is best to establish a policy clearly stating whether you give references, if you do, who should give them and what they should contain.
Bright Contracts - Employment Contracts and Handbooks
Employees under the age of 18 - what you need to know
In Ireland there are specific laws and obligations for employers that apply when employing individuals under the age of 18. They have been designed to protect the health of young workers and ensure that work during the school year does not put young people’s education at risk.
Obligations on employers include:
• In addition to a contract of employment, employees under 18 must be provided with the official summary of the Protection of Young Persons (Employment) Act within one month of starting employment.
• Any employer who has employees aged under 18 must display the official summary of the Act at the work place where it can easily be read.
• Before employing an individual under 18 years of age employers must see a copy of their birth cert or other evidence of age.
• When employing an individual under 16 years of age, written permission from a parent/guardian must be received.
• Employers found not complying with the above criteria could face fines of up to €1,904.61 and an extra €371.43 a day for a continuing offence.
The official summary of the Act can be found here.
Additional key features of the regulations include:
• Minimum age limits for employment; normally 16, but can be lowered to 14 or 15 in certain circumstances.
• Revised rest intervals and maximum working hours, particularly during term time
• Prohibits the employment of anyone under 18 for early morning or late night work
• Requirements on employers to keep specific records for workers under 18
Minimum Wage Rates
Minimum wage rates also differ for those under 18 or who have just turned 18, see below for details.
• An employee who is under 18 is entitled to €6.06 per hour
• An employee who is in the first year of employment since the age of 18 is entitled to €6.92 per hour
• An employee who is in the second year of employment since the date of first employment over the age of 18 is entitled to €7.79 per hour
Bright Contracts - Employment Contracts and Handbooks
