{{org_field_logo}}

{{org_field_name}}

Registration Number: {{org_field_registration_no}}

---

Staff References Policy

1. Purpose

The purpose of this policy is to outline {{org_field_name}}‘s approach to obtaining, verifying, and providing staff references in compliance with Care Inspectorate Wales (CIW) regulations, employment laws, and best practices in safe recruitment. Ensuring accurate and reliable staff references is vital for safeguarding service users and maintaining high standards of care.

Our objectives are to:

• Ensure all new employees provide satisfactory references before commencing employment.
• Verify the authenticity of references to prevent fraudulent applications.
• Provide fair, accurate, and legally compliant references for former employees.
• Comply with CIW and employment legislation regarding staff recruitment and reference checking.
• Maintain a robust and transparent reference-checking system.

2. Scope

This policy applies to:

• All employees, including care workers, administrative staff, and managers.
• The Registered Manager and Responsible Individual, responsible for compliance and oversight.
• Job applicants, including internal promotions and external hires.
• Third-party recruitment agencies, where applicable.
• External organisations requesting references for former employees.

3. Legal and Regulatory Framework

This policy aligns with:

• The Regulation and Inspection of Social Care (Wales) Act 2016, ensuring safe recruitment practices.
• The Social Services and Well-being (Wales) Act 2014, promoting safeguarding in social care employment.
• The Employment Rights Act 1996, outlining legal responsibilities for providing references.
• The Data Protection Act 2018 (GDPR), governing the handling of personal data in references.
• CIW Recruitment and Employment Guidance, ensuring compliance in social care settings.
• The Equality Act 2010, ensuring references are free from discrimination or bias.

4. Obtaining References for New Employees

4.1 Reference Requirements

All prospective employees must provide:

• A minimum of two professional references, including one from their most recent employer.
• References covering at least the last five years of employment (if applicable).
• A character reference if they have limited employment history.
• Additional references for internal promotions, if relevant.

4.2 Verification Process

Before hiring, {{org_field_name}} will:

• Directly contact referees via phone or email to verify references.
• Ensure references are from legitimate sources, including employers, supervisors, or academic institutions.
• Cross-check employment dates and job roles for accuracy.
• Follow up on any inconsistencies or concerns identified in the references.

How we manage this efficiently:

• A structured reference request template ensures consistency.
• All references are verified before confirming employment offers.
• Digital records of references are securely stored for auditing purposes.

4.3 Conditional Employment Offers

• Employment is subject to the receipt of satisfactory references.
• If references are delayed, supervised work may be permitted under risk assessment.
• Employment will be terminated if references are found to be fraudulent or unsatisfactory.

5. Providing References for Former Employees

5.1 Reference Content and Format

• References will be factual, objective, and legally compliant.
• Information provided will typically include:
  • Employee’s job title and dates of employment.
  • Confirmation of role responsibilities.
  • Attendance and disciplinary record (if requested and legally permitted).
  • Whether the employee left on good terms.
• No personal opinions or subjective statements will be included.
• References will not provide confidential or sensitive information without employee consent.

5.2 Who Can Request a Reference?

• Only authorised personnel (e.g., HR, Registered Manager) can provide references.
• References will only be given upon receipt of a formal written request.
• References will not be provided to unauthorised third parties.

5.3 Refusing to Provide a Reference

• References may be declined if:
  • The employee did not complete their probation period.
  • The request is from an unverified or unauthorised source.
  • There are legal reasons preventing disclosure.

How we manage this efficiently:

• A reference request form ensures standardised responses.
• Only trained personnel are authorised to handle reference requests.

6. Confidentiality and Data Protection

6.1 Handling Personal Information

• All reference requests and responses must comply with GDPR.
• Employee consent must be obtained before providing detailed references.
• Personal data in references will be stored securely and only accessed by authorised personnel.

6.2 Retention of Reference Records

• Reference records will be retained for six years after the employee leaves.
• Records will be destroyed securely after the retention period.

How we manage this efficiently:

• A secure digital storage system protects reference documentation.
• All staff handling references receive GDPR compliance training.

7. Addressing Unsatisfactory References

7.1 Dealing with Negative References for Applicants

If an applicant receives a negative reference:

• Further clarification will be sought from the referee.
• The applicant will be given an opportunity to explain.
• A risk assessment will determine whether the employment offer should be withdrawn.

7.2 Disputes Over References Given by {{org_field_name}}

If a former employee disputes a reference provided:

• They may request a copy of the reference under GDPR.
• If inaccuracies are identified, a formal complaint can be submitted.
• Corrections will be made if justified, but subjective complaints will not be accommodated.

How we manage this efficiently:

• A clear appeals process ensures fairness and transparency.
• Legal advice is sought where necessary to resolve disputes.

8. Preventing Reference Fraud and Misrepresentation

8.1 Identifying Fake or Altered References

• All references must be verified by direct contact with the issuing organisation.
• Email addresses and phone numbers must match official business records.
• Discrepancies in dates or roles will be investigated before hiring.

8.2 Consequences of Providing False References

• Any applicant found to have provided fraudulent references will have their offer withdrawn.
• Disciplinary action, up to dismissal, will be taken against existing employees who falsify references.
• CIW will be informed if false references impact service user safety.

How we manage this efficiently:

• A reference fraud checklist is used during the hiring process.
• Staff receive training in identifying fraudulent employment records.

9. Staff Training and Responsibilities

9.1 Staff Training on Reference Procedures

• Recruitment and HR staff receive training on handling references.
• All managers involved in hiring understand reference verification protocols.
• Annual refresher training is provided on GDPR and reference management.

9.2 Responsibilities of Key Personnel

• Recruitment team: Responsible for obtaining and verifying references.
• HR department: Handles reference requests for former employees.
• Registered Manager: Ensures compliance with CIW and employment law.

How we manage this efficiently:

• A structured reference management system tracks all requests and verifications.
• Dedicated HR personnel handle reference-related inquiries to maintain compliance.

10. Related Policies

This policy aligns with:

• Recruitment, Selection, and Retention Policy (DCW31).
• Safeguarding Adults Policy (DCW13).
• Confidentiality and Data Protection Policy (DCW34).
• Whistleblowing (Speaking Up) Policy (DCW27).

11. Policy Review

This policy will be reviewed annually or sooner if required due to legislative changes, business needs, or CIW updates. The Registered Manager and Responsible Individual are responsible for ensuring compliance.

---

Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.