HCS104-Staff References Policy

Registration Number: {{org_field_registration_no}}

Staff References Policy

1. Purpose

{{org_field_name}} is committed to ensuring that all staff references are managed efficiently, fairly, and in compliance with legal and regulatory requirements. This policy outlines our approach to obtaining, providing, and verifying staff references to ensure a safe, competent, and professional workforce in line with Care Inspectorate Scotland regulations.

This policy aims to:

Ensure references are obtained and verified for all potential employees to safeguard people we support.
Provide clear guidelines for issuing references for current or former employees.
Maintain compliance with Care Inspectorate Scotland requirements and employment law.
Prevent fraudulent references and ensure transparency in recruitment.

2. Scope

This policy applies to:

All job applicants applying for roles within {{org_field_name}} to ensure thorough vetting before employment.
Current and former employees seeking employment references, ensuring a fair and transparent process.
Hiring managers and HR personnel responsible for recruitment and reference checks, ensuring compliance with this policy.
External organisations requesting references from {{org_field_name}} for former employees.

3. Legal and Regulatory Framework

This policy complies with the following laws and regulations:

The Equality Act 2010 – Ensures non-discriminatory reference practices, preventing bias or unfair treatment.
The General Data Protection Regulation (GDPR) 2018 – Regulates the secure handling of personal data in references.
SSSC Codes of Practice for Employers – Requires employers to ensure recruitment processes safeguard people we support[10 source].
Care Inspectorate Quality Framework – Mandates robust pre-employment screening and reference checks[8 source].
The Employment Rights Act 1996 – Covers employee rights regarding reference provision and content, ensuring fairness and accuracy.

4. Obtaining References for New Employees

To ensure safe and fair recruitment, {{org_field_name}}:

Requires a minimum of two references before offering employment to ensure credibility.
One reference must be from the most recent employer, preferably from a direct supervisor, to confirm previous job performance.
For care roles, at least one reference must be from a regulated health or social care employer to verify sector-specific experience.
Personal references are only accepted in exceptional cases, such as when an applicant has limited work experience or is entering the workforce for the first time.
All references must be verified before the start date, ensuring authenticity.
Employment is conditional on receiving satisfactory references that align with company requirements.
Referees must not be family members, close friends, or individuals with conflicts of interest, ensuring unbiased feedback.

5. Verifying References

To prevent fraudulent references, {{org_field_name}} follows a strict verification process:

Contacting referees directly via official work email or phone to confirm authenticity.
Confirming the referee’s role within the previous organisation to ensure they are authorised to provide a reference.
Cross-checking information provided in the reference with the applicant’s application form and CV.
Requesting clarification on vague or incomplete references to gain a clear understanding of the applicant’s past performance.
Escalating concerns if discrepancies arise during the verification process, ensuring transparency and safeguarding recruitment integrity.

6. Providing References for Current and Former Employees

When issuing references for former or current employees, {{org_field_name}}:

Only provides factual references, confirming job title, employment dates, and duties, avoiding unnecessary subjective opinions.
Does not include subjective opinions or personal character assessments to ensure objectivity.
Discloses disciplinary issues only if they are relevant, factual, and in compliance with data protection laws.
Requires written consent from the employee before sharing reference information to comply with privacy regulations.
Maintains confidentiality, ensuring only authorised HR personnel issue references to prevent unauthorised disclosures.
Refuses to provide misleading, false, or exaggerated references, ensuring that references remain accurate and legally sound.

7. Managing Unsatisfactory or Negative References

If an applicant provides an unsatisfactory reference:

HR investigates discrepancies before making final recruitment decisions.
Applicants are given the opportunity to explain any concerns raised by a reference, ensuring fairness.
Job offers may be withdrawn if references are deemed unsatisfactory and pose a risk to service users or the organisation.
Alternative references may be requested if there are valid reasons for a missing or negative reference, ensuring fairness in hiring decisions.

For current employees receiving a negative reference from {{org_field_name}}, we:

Ensure fairness in reporting, stating only verifiable facts to maintain transparency.
Allow employees to review the reference, if requested, before submission to ensure accuracy.
Comply with legal obligations, ensuring data protection and adherence to employment laws when issuing references.

8. Handling Reference Requests

To ensure reference requests are managed efficiently:

All requests must be submitted in writing to the HR department to maintain records.
A standard reference format is used to ensure consistency and compliance with employment laws.
Responses are issued within a reasonable timeframe (typically within 5-10 working days) to facilitate smooth employment transitions.
Verbal references are not given unless formally agreed upon in writing, reducing the risk of misinterpretation.

9. Confidentiality and Data Protection

To protect the confidentiality of employee information, {{org_field_name}}:

Requires written consent before providing references to third parties to comply with GDPR requirements.
Stores reference records securely, ensuring that personal data is protected against unauthorised access.
Ensures only authorised personnel handle reference requests and responses, maintaining confidentiality and compliance.

10. Monitoring and Continuous Improvement

To ensure effective reference management, {{org_field_name}}:

Conducts regular audits of reference procedures to identify areas for improvement.
Reviews feedback from hiring managers and applicants to enhance reference verification processes.
Ensures compliance with evolving regulations through annual policy reviews and necessary updates.
Provides staff training on reference verification and best practices to ensure HR personnel are well-equipped to handle requests.

11. Related Policies

This policy should be read alongside:

Recruitment and Selection Policy – Covers broader recruitment procedures to ensure safe hiring.
Safeguarding Policy – Ensures reference checks align with safeguarding responsibilities.
Data Protection and Confidentiality Policy – Covers secure handling of reference data in compliance with GDPR.
Staff Training and Development Policy – Addresses training requirements for employees handling reference processes.
Whistleblowing Policy – Ensures employees can report concerns about fraudulent references or unfair hiring practices.

12. Policy Review

This policy will be reviewed annually or sooner if required by legislative or operational changes. Updates will be communicated to all relevant employees to ensure continued compliance and best practice.

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.