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Staff References Policy

1. Purpose

At {{org_field_name}}, we are committed to ensuring a safe, fair, and transparent recruitment process that aligns with CQC regulations, the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, and the Equality Act 2010. Obtaining and verifying staff references is a crucial step in our recruitment process to ensure that individuals employed within our organisation are suitable, competent, and aligned with our values of providing safe, high-quality care.

This policy sets out clear guidelines on how we request, verify, and provide staff references to ensure compliance with Regulation 19: Fit and Proper Persons Employed, safeguarding best practices, and GDPR requirements.

2. Scope

This policy applies to all staff, job applicants, external referees, and HR personnel involved in the recruitment and referencing process. It covers:

• Requesting and verifying references for new employees
• Providing references for former employees
• Confidentiality and data protection
• Safeguarding considerations

3. Related Policies

• SL19 – Fit and Proper Persons Employed Policy
• SL07 – Recruitment and Selection Policy
• SL12 – Safe Care and Treatment Policy
• SL34 – Confidentiality and Data Protection (GDPR) Policy
• SL13 – Safeguarding Adults from Abuse and Improper Treatment Policy

4. Legal and Regulatory Framework

Our staff references procedures align with:

• Regulation 19: Fit and Proper Persons Employed (CQC) – Ensuring thorough vetting of employees.
• The Equality Act 2010 – Ensuring non-discriminatory referencing practices.
• The General Data Protection Regulation (GDPR) and Data Protection Act 2018 – Protecting the confidentiality and integrity of reference information.
• The Safeguarding Vulnerable Groups Act 2006 – Preventing unsuitable individuals from working in care settings.

5. Requesting and Verifying References for New Employees

5.1 Number and Type of References Required

• A minimum of two references must be obtained for all new employees before commencing employment.
• One reference must be from the most recent employer (or previous employer in a care-related role, where applicable).
• If an applicant has no prior work history, we may request references from educational institutions, volunteering placements, or character references from reputable professionals.
• Where applicable, employment gaps must be explained and accounted for.

5.2 Reference Verification Process

• All references must be verified for authenticity by contacting the referee directly.
• Referees must be authorised individuals (e.g., line managers, HR personnel)—personal references from family or friends are not accepted.
• References must confirm:
  • Dates of employment.
  • Job title and responsibilities.
  • Reason for leaving.
  • Sickness absence record (if legally appropriate).
  • Any safeguarding concerns or disciplinary issues.
• If a referee declines to provide information, HR must request alternative verification (e.g., pay slips, contracts, or alternative references).

5.3 References for Overseas Applicants

• For applicants who have worked outside the UK, we will request references from previous overseas employers.
• If references are unavailable, we may require a Certificate of Good Conduct or an equivalent police check.

6. Providing References for Former Employees

6.1 Responding to Reference Requests

• All reference requests must be managed by the HR department to ensure accuracy and compliance with GDPR.
• References must be factual and objective, confirming:
  • Job title, start and end dates.
  • Summary of duties and responsibilities.
  • Whether the employee left in good standing.
• We do not provide subjective opinions on performance or personal character.
• If an employee was dismissed due to misconduct, this must be factually stated with reference to disciplinary records.

6.2 Confidentiality and Legal Considerations

• Employees must provide written consent before a reference is shared.
• References must be accurate, fair, and non-misleading, in line with GDPR and employment law.
• We reserve the right to decline reference requests where legal obligations prevent disclosure.

7. Safeguarding and Preventing Misrepresentation

7.1 Identifying False or Misleading References

• If a reference appears fraudulent or inconsistent, further checks must be conducted, including direct phone verification.
• Any discrepancies must be investigated thoroughly before employment confirmation.
• Providing false reference information will result in immediate disqualification from employment.

7.2 Reporting Safeguarding Concerns

• If a reference raises safeguarding concerns, HR must immediately:
  • Report to the Local Safeguarding Authority.
  • Conduct a risk assessment before employment confirmation.
  • Follow CQC and DBS referral procedures, if necessary.

8. Record-Keeping and Data Protection

• All references (requested and provided) must be stored securely in compliance with GDPR and the Data Protection Act 2018.
• Reference records must be kept for six years after employment ends.
• Employees have the right to request a copy of their reference under GDPR, unless legally exempt.

9. Monitoring and Continuous Improvement

• Quarterly audits will be conducted to ensure reference-checking procedures remain robust.
• Feedback from applicants and employers will inform improvements in reference processes.
• Lessons learned from reference-related disputes or safeguarding cases will be used to strengthen HR practices.

10. Policy Review

This policy will be reviewed annually or sooner if required due to:

• Changes in CQC regulations or employment law.
• Feedback from regulatory inspections or internal audits.
• Lessons learned from recruitment cases.

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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}}
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