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David Did It! – AI & Employment References – The Interview
I Asked AI 10 Questions About Employment References… Here’s What Happened
One of my favourite things about being a journalist was asking the questions everyone else was thinking but nobody wanted to ask. Yes did I use that to put people on the spot, Yes do I still use “I just have to ask as I used to be a journalist and love to learn more” in general conversation to ask the nosey Questions.
Not because I knew the answer.
Because I wanted to find out, OK and I am nosey!
Recruitment isn’t much different.
Every week I hear candidates, hiring managers and business owners confidently telling me “facts” about employment references:
“Employers can’t give bad references.”
“HR can only confirm your dates of employment.”
“You can sue if someone gives you a negative reference.”
“They have to provide you with a reference.”
Some of those might be true.
Some might be complete nonsense.
And the funny thing is that most people saying them are absolutely convinced they’re right.
So I decided to try something a bit different.
I interviewed AI.
Specifically, I asked ChatGPT ten of the most common questions surrounding employment references in the UK and let it answer.
Now before the employment solicitors start sharpening their keyboards…
This isn’t legal advice.
I’m not saying the answers are right.
I’m not saying the answers are wrong.
I’m interested to see whether AI has interpreted employment references correctly and whether recruiters, HR professionals and lawyers agree with the answers.
Let’s see how it gets on.
Question 1: Can a former employer give you a bad reference in the UK?
AI’s Answer
Yes.
A former employer can provide a negative reference if it is truthful, accurate and supported by evidence.
References do not have to be positive. They simply have to be fair and not misleading.
David Did It Take
This one surprises people every single time.
I regularly hear candidates say:
“They can’t give me a bad reference.”
The reality is that most employers won’t want the hassle of writing a detailed negative reference.
But that’s very different from saying they can’t.
There’s a big difference between:
“They won’t.”
and
“They’re not allowed.”
Question 2: Can an employer refuse to give you a reference?
AI’s Answer
Usually, yes.
Most employers are not legally required to provide a reference unless specific regulations apply.
David Did It Take
This catches a lot of people out.
I’ve worked with candidates who assumed every employer was legally obligated to provide a reference.
In reality, many organisations simply provide a standard factual reference or no reference at all.
Sometimes the safest option for everyone is saying very little.
Question 3: What can a new employer legally ask in a reference?
AI’s Answer
They can generally ask any work-related questions they believe are relevant to the role.
Common questions include employment dates, job titles, conduct, attendance, performance and whether they would rehire the individual.
David Did It Take
People often assume references are some magical secret process.
Most aren’t.
Most hiring managers simply want reassurance that what they’ve been told throughout the recruitment process stacks up with reality.
Nobody is looking for childhood diary entries. – OK maybe I am
They’re usually looking for confirmation.
Question 4: Does a reference have to include the reason you left?
AI’s Answer
No.
Most references only contain basic employment information.
The reason for leaving can be included but isn’t always.
David Did It Take
Most references I encounter are incredibly boring.
Seriously.
Candidates often imagine pages of detailed commentary.
The reality is usually:
- Job title
- Employment dates
- Confirmation of employment
The mystery is often far more exciting than the actual document.
Question 5: Can an employer tell a new employer that you were dismissed?
AI’s Answer
Yes.
If the information is accurate and relevant, employers can disclose that someone was dismissed.
David Did It Take
This is where honesty matters.
Recruiters are far better at helping people navigate difficult employment histories when they know about them early.
Most situations can be managed.
Surprises at reference stage are generally far more difficult.
Question 6: Can an employer say you’re not eligible for rehire?
AI’s Answer
Yes.
Provided the statement is accurate, consistent and not misleading.
David Did It Take
This is one of those phrases candidates really don’t like hearing.
But if it’s part of a company’s documented process and applied consistently, it doesn’t automatically mean someone has done something terrible.
Policies vary hugely between organisations.
Question 7: Can a reference mention sickness absence or disciplinary action?
AI’s Answer
Potentially.
The information must be relevant, accurate and lawful to share.
David Did It Take
This is probably where most people start getting nervous.
And honestly, it’s also where things become more confusing.
Employment law isn’t always black and white.
Which is exactly why I’d encourage people not to rely on pub conversations, LinkedIn comments, or that one mate who’s “pretty sure” they know the answer.
Question 8: Can you ask to see the reference your former employer wrote about you?
AI’s Answer
Sometimes.
The answer depends on who holds the information and how it was provided.
David Did It Take
This one seems to generate endless debate.
Every HR person I’ve spoken to appears to have a slightly different story about it.
Which probably tells you everything you need to know about how straightforward the situation is.
Question 9: Can a job offer be withdrawn because of a reference?
AI’s Answer
Yes.
If the offer was conditional upon satisfactory references.
David Did It Take
This absolutely happens.
Thankfully it’s rare.
Most issues tend to appear much earlier in the process.
Which is another reason I’m such a believer in honesty from day one.
Problems discussed early are usually manageable.
Problems discovered late are usually expensive.
Question 10: Can an employer be sued for giving an inaccurate reference?
AI’s Answer
Yes.
Potentially, if the reference is misleading, inaccurate or negligent and causes financial loss.
David Did It Take
And this is probably the answer that explains why so many references today are incredibly short.
Many employers have little interest in taking unnecessary risks.
Sometimes the easiest option is simply sticking to verifiable facts.
The Real Lesson Here
The thing that stood out to me wasn’t whether AI was right or wrong.
It was how many myths still exist around employment references.
In recruitment, I regularly hear people say:
“They can only confirm dates.”
“They can’t say anything negative.”
“They have to provide a reference.”
“You can automatically sue them if they do.”
The truth?
Most employment reference discussions are far more complicated than social media would have you believe.
And most of the time the answer starts with:
“Well… it depends.”
Which isn’t as exciting as a definitive answer, but it’s usually a lot closer to reality.
Over To You…
Now I’d like your help.
Which answer surprised you most?
Did AI get any of them wrong?
Are there any employment solicitors, HR professionals or hiring managers reading this who completely disagree?
And what’s the biggest employment reference myth you’ve heard?
Let’s see whether AI passes the test…
…or whether I’ve just accidentally invited a room full of lawyers into the comments section.
Wish me luck.
David Did It!
Recruitment doesn’t need more corporate waffle.
It needs better conversations.
Sometimes those conversations start with a candidate.
Sometimes they start with a client.
And occasionally they start with asking AI a question and seeing what happens.
If you’d like honest advice about your career, hiring plans or the current legal and accountancy recruitment market, feel free to get in touch with the team.
No pressure.
No scripts.
Just a conversation.