References

Taking references from previous employers is an important part of the recruitment process and it is strongly advisable to receive all references before the candidate starts in post. Where an individual will be working with children or vulnerable adults, references should be received and positively assessed before they take up the post.

It is usual that at least one of the required references is obtained from the candidate’s most recent employer. However the present employer should not be contacted until the candidate has been made a formal, written offer of the post (the offer should be conditional on the satisfactory completion of pre-employment checks) and has told their employer, unless the candidate has given their permission for the prospective employer to do so prior.

Someone named as a referee by a candidate is not under any legal obligation to provide a reference. However, the person who does provide one is under a legal obligation to ensure that the information given is accurate, truthful and a fair representation.

All reference information should be properly cross referenced with the information provided by the employee and a record kept of who checked the information and when. If a reference does not provide the information in response to the initial request, the recruiting organisation could follow up with a telephone conversation. References should specifically seek information about the aspects of the role that are key to success.

In the event that reference information raises concerns about the candidate’s suitability the employer may decide to withdraw an offer of employment and can do so provided the offer was made conditional on satisfactory references. Care should be taken not to disclose confidential reference information to candidates – employers should refer the candidate to previous employers to request disclosure.