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Giving and Receiving References Policy

The organisation has adopted this policy on giving and receiving references for employees.

When giving a reference, the organisation is under a duty of care to ensure that what is written is accurate, factual and not misleading. For this reason, references in respect of current or former employees may only be provided by __________ and not by line managers or supervisors.

It is the organisation’s policy to request two written references in respect of each new recruit and to make all offers of employment conditional upon those references being satisfactory to the organisation. __________ will be responsible for writing the reference request letters.

Procedure

Giving references

1. Although there is no legal requirement to do so, the organisation will generally agree to provide written references in respect of employees who are leaving, or who have previously left the organisation’s employment.
2. Prior to an employee’s termination date with the organisation, the Manager will ask the employee whether it is his or her wish that the organisation should provide written references if asked to do so in the future by a prospective employer (or other organisation,eg a bank or building society). A note indicating the employee’s response will be placed on the employee’s file.
3. All requests for references must be passed promptly to [enter name or job designation of authorised person, usually the manager] who will ensure that an accurate reference is provided in line with the organisation’s policy.
4. When a reference is requested, the organisation will respond by letter. No references will be given verbally, on the telephone, by fax or by e-mail. The reference will contain only factual information, and will not state personal opinions about the employee’s performance or conduct. The reference will include information about:
   a. the start and finish date of the employee’s employment with the organisation
   b. the employee’s job title or designation
   c. a brief description of the employee’s key duties and level of responsibility
   d. other jobs that the employee held within the organisation prior to the job he or she held at the date of termination, and the start/and finish dates of these jobs
   e. a statement confirming the circumstances of the termination of the employee’s employment, ie whether it occurred as a result of the employee’s resignation, dismissal, redundancy or expiry of a fixed term contract.
5. Only information that is known to the employee will be included in the reference.

Requesting references

1. Managers should:
   a. inform all job applicants who are interviewed that the organisation will require two written references, normally from previous employers, and that any offer of employment will be conditional on those references being satisfactory to the organisation
   b. seek the applicant’s consent as to the names of at least two proposed referees.
2. Managers must on no account attempt to make “secret” enquiries about a prospective employee, whether on the telephone, on social media or otherwise. Every individual has the right to know and to be asked for his or her consent before any check is made on any aspect of his or her background.
3. When a job offer is sent out, [enter name or job designation of authorised person, usually the manager] will write to two prospective referees to seek a reference.
4. If a reference is received which contains any negative or adverse comments about the individual, the organisation will not assume that this information is accurate, nor that any information provided by the candidate was inaccurate or deliberately misleading. Instead the organisation will seek further information, either by contacting the candidate and inviting him or her to a further interview, or by seeking his or her consent to apply for further references.

Access to references under the General Data Protection Regulation

1. The General Data Protection Regulation (GDPR) and the Data Protection Act 2018 came into force on 25 May 2018. The Data Protection Act 2018 completely replaced the Data Protection Act 1998.
2. Stricter rules have been put in place with regard to the processing of personal data and employers cannot rely on implied consent, or consent set out in a generic contractual clause, for permission to use employees’ (or former employees’) personal data.
3. There are a number of legal grounds for processing but most of them are not applicable to employment references. Obtaining explicit consent from the individual remains the most appropriate ground for retaining and processing the personal data that is needed to provide a reference.
4. An employee’s consent would clearly need to be obtained before they left the organisation as a request for a reference may not be forthcoming for some considerable time.
5. Note that “consent” is not normally used as a legal basis for data processing in an employment context because of the imbalance of power in the relationship between employer and employee. However, in the case of the provision of employment references, it is clearly in the employee’s interests to give consent.
6. Any consent obtained would have to be quite specific as to the information which will be retained and used so that the ex-employee is aware and has consented to, eg details of absences being provided.
7. One possibility is for employers to pass this responsibility to the new employer, asking them to seek consent from the person being considered for a post and to specify the information required. A copy of the signed consent would then need to be provided before any action could be taken.

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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: this policy is reviewed annually (every 12 months). When needed, this policy is also updated in response to changes in legislation, regulation, best practices, or organisational changes.

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