Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
- Why Staff References Matter For Small Business Employers
How To Create A Simple, Repeatable Reference Process (Step-By-Step)
- Step 1: Confirm What The Employee Is Asking For
- Step 2: Decide Whether You Can Provide A Reference
- Step 3: Check Your Records Before You Write Anything
- Step 4: Keep The Reference True, Work-Related, And Supportable
- Step 5: Use A Reference Letter Template And Tailor It Lightly
- Step 6: Store A Copy (And Document Any Phone Reference)
- Reference Letter Template For Employers (Australia)
- Key Takeaways
Why Staff References Matter For Small Business Employers
In a small business, your people are your brand. References are one of the most visible “final touchpoints” you have with a departing team member - and they can influence how your business is perceived in your industry.
From an employer perspective, a good process around references can help you:
- Support ex-staff fairly (without taking on unnecessary risk)
- Keep messaging consistent across managers and team leaders
- Avoid disputes about what was said (and by whom)
- Protect confidential information about your business and clients
- Reduce admin time by using a repeatable staff reference letter template
It also helps to be clear internally about what a reference is (and isn’t). A reference letter is usually a combination of factual employment information and your genuine view of the person’s work performance and suitability. By contrast, a “service letter” or employment confirmation is generally more factual (for example, dates, title and basic duties).
If you only want to confirm factual employment details, you can use a Certificate of Employment instead of (or in addition to) a character-style reference.
What To Include In A Reference Letter (And What To Leave Out)
Most small business employers want something that sounds supportive, but not “over-promising”. A good reference is clear, accurate, and relevant to work.
Common Inclusions (Best Practice)
These are the core items we generally recommend including in a reference letter template.
- Your business details (letterhead if you have it), date, and the recipient (if known)
- The employee’s full name
- Their role title and a short description of responsibilities
- Employment dates (start and end date, or “to present”)
- Employment type (full-time, part-time, casual)
- Key strengths (2-4 performance traits, backed by examples)
- Notable achievements (specific projects or measurable outcomes where possible)
- Work behaviours (reliability, teamwork, communication, initiative)
- Closing statement that confirms you’re happy to be contacted (if true)
Aim to keep it tight. For many roles, 250-450 words is enough. If you go too long, you increase the chance of saying something inconsistent or unnecessary.
What Employers Should Be Careful About Including
Some topics can create legal or practical risk, even if your intentions are good.
- Medical information (including mental health, injuries, workers’ compensation history, or “stress leave”)
- Personal attributes unrelated to the role (for example, family circumstances)
- Speculation (“I think they were struggling at home”, “they probably won’t cope with pressure”)
- Inflammatory commentary that can’t be supported with facts
- Confidential business details (clients, pricing, internal systems)
If the employee is asking for a reference because they’re applying for a role that requires specific statements (for example, leadership, compliance, financial handling), you can still help - just stick to what you actually observed and can support.
Also make sure the reference aligns with your own documentation (performance reviews, role descriptions, disciplinary records). Consistency matters.
Having well-drafted onboarding documents like an Employment Contract and clear role expectations can help reduce grey areas later when you’re asked to comment on performance.
Legal Risks To Watch When You Give A Staff Reference In Australia
References are common, but they’re not “risk-free”. The key is understanding where problems usually arise - and building a simple internal policy to prevent them.
1) Defamation Risk (Saying Something Harmful That Isn’t True)
If you include negative statements that damage someone’s reputation and you can’t justify them, you may be exposed to defamation risk. This is one reason many employers keep references factual, short, and carefully worded.
That doesn’t mean you can never give a negative reference. But if you do, it should be accurate, supportable, and expressed professionally (not emotionally).
2) Misleading Statements (Overstating Performance Or Duties)
Some employers feel pressured to “help” a departing employee by exaggerating achievements. This can backfire.
If a future employer relies on your reference and it turns out to be misleading, your business may face complaints, reputational damage, and (depending on the circumstances) potential legal exposure - for example, if the statements are materially false and someone suffers loss as a result.
A safer approach is to keep it honest and balanced: highlight genuine strengths, and avoid claims you can’t stand behind.
3) Discrimination And Protected Attributes
Be careful not to reference protected attributes (or hint at them) such as age, disability, pregnancy, race, religion, sexuality, marital status, or family responsibilities.
Even “positive” comments can create issues if they suggest the person was treated differently based on a protected attribute.
4) Privacy And Confidentiality
References often include personal information (employment dates, performance, sometimes reasons for leaving). You should only include what’s necessary, and ensure you’re not disclosing sensitive information.
If your business collects and handles personal information more broadly (especially if you store staff records digitally), having a fit-for-purpose Privacy Policy is a helpful part of your overall compliance approach.
5) Authority: Who In Your Business Is Allowed To Give References?
A common small business issue is inconsistency - one manager gives glowing references, another refuses, and another gives informal comments over the phone.
To reduce risk, decide:
- Who is authorised to provide references (for example, the owner, HR, or a direct manager)
- Whether references must be in writing, or if phone references are allowed
- Where references are stored (so you have a record of what was said)
This is often easiest to manage through a simple Workplace Policy that sets a consistent process.
How To Create A Simple, Repeatable Reference Process (Step-By-Step)
If you want to move fast while staying consistent, a process matters just as much as the words on the page.
Step 1: Confirm What The Employee Is Asking For
Ask whether they need:
- a general character reference
- a role-specific reference (for a particular job application)
- a factual confirmation of employment only (dates/title)
This helps you choose the right format and avoid unnecessary detail.
Step 2: Decide Whether You Can Provide A Reference
You generally don’t have to provide a reference. But if you do provide them, consistency is important.
If there’s a complex history (performance management, misconduct, unresolved disputes), consider whether a factual confirmation is safer than a detailed performance reference.
Step 3: Check Your Records Before You Write Anything
Even if you remember the employee well, it’s worth checking:
- the employment contract and position description
- performance reviews (if any)
- KPIs or achievements you can accurately reference
- their end date and employment type
This reduces the chance of mistakes (like the wrong dates), which can create credibility issues.
Step 4: Keep The Reference True, Work-Related, And Supportable
A good rule is: if you can’t point to a real example, keep the statement general (or leave it out).
For example:
- Better: “They regularly handled customer enquiries and resolved issues calmly.”
- Riskier: “They were the best employee we’ve ever had and can do anything.”
Step 5: Use A Reference Letter Template And Tailor It Lightly
Templates keep you consistent and save time. The key is tailoring the “strengths” section so it doesn’t read like a generic form letter.
As a practical benchmark, tailor:
- the role summary (so it matches what they actually did)
- 2-3 strengths with examples
- the closing line (especially whether you’re open to being contacted)
Step 6: Store A Copy (And Document Any Phone Reference)
Keep a copy of the reference letter on file. If you give a phone reference, it’s worth writing a short file note afterwards with:
- date/time
- who called and from which organisation
- what questions were asked (at a high level)
- what you said (summary)
If you ever need to explain what was communicated, this makes it much easier.
Reference Letter Template For Employers (Australia)
Below is a practical reference letter template you can copy into your letterhead and adapt. It’s written to suit most small business roles, and it’s designed to be supportive while keeping to work-related, defensible statements.
Tip: Square brackets indicate what you should customise.
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Date:
To Whom It May Concern,
I am writing to provide a reference for , who was employed by as a from to .
In this role, was responsible for . They also regularly assisted with .
During their time with us, demonstrated strong . For example, .
also showed excellent . In particular, .
In addition, was able to work effectively in a small team environment and consistently approached their work in a professional manner. They communicated clearly with colleagues and followed directions well, while also showing initiative when appropriate.
Based on my experience working with , I believe they would be well suited to roles involving .
Please feel free to contact me on or if you would like any further information.
Kind regards,
If you want a tighter, “facts only” version, you can remove the strengths paragraphs and simply confirm name, role, employment type, and dates (similar to a certificate of employment).
And if you’re managing an exit more broadly (for example, agreeing on final statements, return of property, and what both sides can say publicly), you may also want an employee separation agreement in place.
Key Takeaways
- A consistent reference process helps protect your small business and keeps your messaging professional across different managers.
- A strong reference letter focuses on accurate, work-related statements (role, dates, duties, and strengths supported by examples).
- Avoid including medical details, sensitive personal information, speculation, or comments unrelated to the employee’s work performance.
- Key legal risk areas include defamation (harmful untrue statements), misleading statements (materially inaccurate references that a third party relies on), discrimination issues, and privacy/confidentiality breaches.
- Using a repeatable staff reference letter template saves time and reduces the chance of inconsistencies or mistakes.
- Keep a copy of the reference on file, and make a file note if you give verbal references.
If you’d like help putting a reference policy in place, reviewing a tricky reference request, or getting your employment documents in order, reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








