DC93-Staff References Policy

Registration Number: {{org_field_registration_no}}

Staff References Policy

1. Purpose and Commitment

The purpose of this policy is to outline how {{org_field_name}} manages staff references efficiently and responsibly. Our commitment is to ensure that all references provided and requested are accurate, fair, consistent, and compliant with relevant legal and regulatory requirements. This policy aligns with the Health and Social Care Act 2008, the Care Quality Commission (CQC) standards, the Data Protection Act 2018, and the General Data Protection Regulation (GDPR).

We recognise that staff references play a crucial role in safeguarding service users, promoting workforce integrity, and ensuring that only fit and proper persons are employed in line with CQC requirements. Our approach ensures that both prospective employers and employees can trust the information provided while protecting the rights and privacy of individuals.

2. Scope

This policy applies to all employees, including care staff, administrative staff, volunteers, and contractors associated with {{org_field_name}}. It covers:

Requests for references from prospective employers of current or former staff.
References requested by {{org_field_name}} during recruitment.
Verbal and written references.
Confidentiality and data protection practices related to reference management.

The policy applies across all areas of the organisation and ensures consistency in providing and obtaining references while adhering to best practices and legal frameworks.

3. Policy Statement

{{org_field_name}} is committed to managing staff references in a way that upholds integrity, accuracy, and confidentiality. We will:

Provide factual, job-related references that reflect an individual’s employment history and conduct.
Ensure references requested from external employers are verified and reliable.
Protect the privacy and confidentiality of staff when handling reference information.
Address any issues of concern identified through references in a fair and transparent manner.

We believe that a robust reference process supports safe recruitment, protects service users, and promotes a trustworthy care environment.

4. Providing References

4.1 Types of References Provided {{org_field_name}} provides two types of references:

Basic Reference: Confirms dates of employment, job title, and, if requested, reason for leaving.
Detailed Reference: Includes additional information such as job performance, conduct, reliability, and suitability for future roles. This type of reference is provided only with written consent from the employee.

4.2 Process for Providing References To ensure consistency and accuracy:

All reference requests must be directed to the HR department.
HR verifies the identity of the requesting organisation before providing a reference.
References are provided in writing, using company letterhead, to maintain professionalism and traceability.
Verbal references are discouraged but, if necessary, must be documented.

4.3 Fairness and Accuracy We ensure that all references:

Are based on factual information from employment records.
Reflect the employee’s conduct and performance without personal opinions.
Avoid misleading or incomplete information that could unfairly disadvantage the individual.

4.4 Consent We only provide detailed references with the written consent of the employee. This ensures compliance with GDPR and protects employee rights.

5. Requesting References During Recruitment

5.1 Reference Requirements During recruitment, we request at least two references for all prospective employees. These include:

One reference from the most recent employer.
A second reference from a previous employer or character reference if employment history is limited.

5.2 Verification Process To ensure authenticity and accuracy:

HR verifies the referee’s identity and organisation.
References are requested in writing using a standardised template.
Any discrepancies or concerns are followed up with the referee for clarification.

5.3 Reference Content Requested references cover:

Employment dates and job role.
Attendance and reliability.
Conduct, professionalism, and adherence to policies.
Any safeguarding concerns or disciplinary actions.

6. Managing Unsatisfactory References

6.1 Identifying Concerns If a reference raises concerns about a candidate’s suitability, HR will:

Review the information thoroughly.
Discuss concerns with the candidate, allowing them to provide context.
Conduct further checks if necessary.

6.2 Decision-Making Employment decisions are based on:

The nature and seriousness of concerns.
The relevance to the job role.
The candidate’s explanation and any supporting evidence.

If concerns remain unresolved, the job offer may be withdrawn to protect service users and the organisation.

7. Confidentiality and Data Protection

7.1 Privacy and Security We handle reference information with strict confidentiality, ensuring:

Secure storage in HR files.
Restricted access to authorised personnel only.
Adherence to GDPR and the Data Protection Act 2018.

7.2 Employee Rights Employees have the right to:

Be informed when a reference is requested.
Access the reference provided about them, subject to data protection rules.
Challenge any inaccuracies through HR.

8. Record-Keeping and Documentation

8.1 Retention Period We retain reference records for six years after employment ends, in line with statutory requirements. This includes:

Copies of references provided and received.
Correspondence related to reference requests.

8.2 Disposal After the retention period, reference records are securely destroyed to protect personal data.

9. Training and Awareness

9.1 Staff Training All HR staff and managers involved in recruitment and reference management receive training on:

Providing accurate, fair references.
Requesting and verifying references during recruitment.
Data protection and confidentiality practices.

9.2 Ongoing Awareness Regular updates are provided to ensure staff remain informed about best practices, legal changes, and company policies related to references.

10. Addressing Disputes and Complaints

10.1 Handling Complaints If an employee disputes the content of a reference:

They can submit a formal complaint to HR.
HR will investigate, review records, and consult with the referee if needed.

10.2 Resolution If inaccuracies are identified, HR will:

Correct the reference.
Issue an updated reference to the requesting party.

If the dispute cannot be resolved internally, employees can seek advice from external bodies such as ACAS or their trade union.

11. Monitoring and Continuous Improvement

11.1 Audits and Reviews We conduct regular audits to ensure:

Compliance with this policy.
Consistency and accuracy in reference provision.
Protection of employee privacy and rights.

11.2 Policy Review This policy is reviewed annually and updated based on:

Changes in legislation.
Feedback from staff and stakeholders.
Lessons learned from incidents or complaints.

12. Compliance and Legal Considerations

12.1 Legal Framework This policy aligns with:

The Health and Social Care Act 2008.
The Equality Act 2010.
The Data Protection Act 2018 and GDPR.
CQC standards for safe recruitment.

12.2 Avoiding Liability To avoid liability when providing references, we ensure:

Information is factual, job-related, and non-discriminatory.
Opinions or unverifiable information are excluded.

Reference content is consistent with internal records.

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.