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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Staff References Policy

1. Purpose            

This policy sets out the procedures for obtaining, providing, and managing staff references at {{org_field_name}} to ensure compliance with CQC regulations, the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, and Regulation 19 – Fit and Proper Persons Employed. The aim is to ensure that all employees have a verified work history, appropriate character references, and are suitable to work in a care setting, thereby protecting the safety and well-being of the people we support. Proper reference checks help mitigate risks associated with unsuitable hires and maintain the integrity of our workforce.

2. Scope This policy applies to all staff employed by {{org_field_name}}, including full-time, part-time, temporary, bank, and agency staff. It also extends to volunteers and contractors where applicable. It covers both the process of obtaining references for new employees and responding to reference requests for former employees. It ensures that references are handled consistently, fairly, and in line with legal and regulatory requirements.

3. Legal and Regulatory Framework

• Regulation 19 – Fit and Proper Persons Employed: Requires that all staff undergo robust recruitment checks, including references, before commencing employment. This ensures that all individuals employed are of good character, have the necessary qualifications, and are suitable for their roles.
• Equality Act 2010: Ensures that reference checks do not discriminate against applicants on the basis of age, gender, race, disability, religion, or any other protected characteristic.
• Data Protection Act 2018 and UK GDPR: Ensures that reference information is obtained, stored, and shared securely and lawfully. References must be handled in compliance with data protection principles to safeguard privacy and confidentiality.

4. Obtaining References for New Employees

• All prospective employees must provide a minimum of two references, one of which must be from their most recent employer. This ensures a clear verification of employment history and character suitability.
• Character references may be accepted for candidates with no previous employment history, but they must be from a professional or educational contact, such as a tutor, mentor, or community leader.
• References must be verified in writing and checked for authenticity by the Recruitment Manager before employment is confirmed. Any discrepancies must be investigated before finalising a job offer.
• Where a candidate has worked in health and social care, references must confirm their competence, conduct, and attendance record to ensure they meet regulatory standards.
• References will be assessed alongside Disclosure and Barring Service (DBS) checks to ensure a candidate’s suitability for the role. This is particularly important for positions involving direct care and support of vulnerable individuals.
• If references are not satisfactory or raise concerns, the Registered Manager will decide whether to proceed with employment, considering any risk factors and additional information.

5. Providing References for Former Employees

• References will be provided only upon formal request and with the written consent of the former employee, ensuring compliance with data protection laws.
• References will include factual information only, such as dates of employment, job role, and attendance records. This avoids subjectivity and ensures fairness.
• {{org_field_name}} will not provide subjective comments about performance, conduct, or suitability unless explicitly required by law or safeguarding concerns. This protects both the organisation and the former employee from potential legal disputes.
• If a safeguarding concern was raised during employment, this will be disclosed in line with CQC and safeguarding regulations to protect future employers and vulnerable individuals.

6. Managing Reference Requests

• All reference requests must be directed to the Management to ensure consistency and compliance with legal standards.
• Verbal references are not permitted; all references must be provided in writing to maintain accuracy and accountability.
• Confidentiality and data protection laws will be adhered to, ensuring that references are shared securely and only with authorised parties.
• {{org_field_name}} reserves the right to refuse reference requests that do not comply with legal or organisational guidelines. If a reference is denied, the requesting party will be informed in writing.

7. Staff Responsibilities

• Recruitment Team: Responsible for obtaining and verifying references for new employees before confirming job offers, ensuring all information is accurate and complete.
• HR Department: Manages all outgoing reference requests and ensures compliance with data protection laws, safeguarding both the organisation and the individuals involved.
• Registered Manager: Makes final decisions on hiring if references raise concerns, ensuring that all risks are evaluated before an employment offer is made.
• All Staff: Must provide truthful and accurate information when requesting or giving references, ensuring that integrity and compliance are maintained.

8. Reference Storage and Confidentiality

• References will be stored in secure personnel files for the duration of employment and in line with data retention policies. Access will be limited to authorised personnel only.
• References will be retained for a period of six years post-employment to comply with legal and regulatory requirements, after which they will be securely destroyed.
• Access to reference information is restricted to authorised personnel only, ensuring confidentiality and protection against misuse.

9. Addressing Unsatisfactory References

• If a reference is negative or raises concerns about the suitability of a candidate, the Registered Manager and HR Department will conduct a risk assessment to determine whether the candidate is suitable for employment.
• Additional checks, such as enhanced DBS checks or further references, may be required before making a final hiring decision.
• Candidates will be informed if their application is impacted due to a reference and given an opportunity to provide clarification, ensuring fairness and transparency in the process.

10. Related Policies

• CH02-Fit and Proper Persons: Employed Staff Policy
• CH26-Recruitment, Selection, and Retention Policy
• CH27-Staff Supervision, Training, and Development Policy
• CH31-Disciplinary and Grievance Policy
• CH34-Confidentiality and Data Protection (GDPR) Policy

11. Policy Review

• This policy will be reviewed annually or sooner if legislation changes or business needs require updates.
• Amendments will be made to ensure ongoing compliance with CQC regulations, employment law, and best recruitment practices.
• Regular audits will be conducted to ensure the effectiveness of reference checks and their role in safeguarding individuals in our care.

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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.