REFERENCES

Most employers are careful about what they say in a reference for fear of legal action. However, in financial services, the new rules on Regulatory References, which came into effect in March, require employers to provide a reference, including details of any disciplinary action, for those who are senior managers and certified persons. A l s o, these re f e re n c e s go b a c k six years, so past problems can come to light when you want to move roles. Remember, a reference will not get you a job, but a bad one could potentially prevent you from being hired. if they do not, you can often find out about a new role from a cont ac t . Also, it is not uncommon for HR departments in different firms to keep in touch. So if you have a bad reputation, you might find it affects your ability to find a new job.

If you are concerned about how you part company — particularly if the issue is to do with performance or behaviour — yo u mi g h t b e a b l e to l e ave o n agreed confidential terms under a settlement agreement.

Your employer may hold a “protected conversation” with you, whereby they make you a financial offer to leave. Such conversations cannot then be used in evidence in any future legal action. You should not be put under pressure or feel threatened to agree what you are offered. You should seek legal advice before agreeing terms. you to breaching another contractual requirement — that you cannot solicit business from any clients of the firm. Tread carefully.