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Providing references

References are intended to provide factual information and an objective assessment of the performance of an individual.

There are two principal reasons for an employer to request a reference on a prospective employee:

  • To confirm the accuracy of the statements made in his or her application
  • To provide opinions as to the candidate's suitability for the post in question and his or her potential.

In larger organisations, this will often be handled by HR, but in all cases there are simple steps that should be followed:

  • Have a clear policy on the format and content of references
  • Check that facts are 100% accurate
  • Ensure that the reference carries a disclaimer
  • Be wary of giving a verbal reference
  • Consider that current and previous employees may ask to see the reference

In addition, employers should:

  • Identify those staff who are authorised to respond to reference requests relating to current and former members of staff
  • Only comment on an individual's performance or ability that have already been the subject of discussion with him or her
  • Do not include any facts, which cannot be substantiated or justified.
  • Do not remark on issues covered by discrimination legislation
  • The referee owes a 'duty of care' to the person about whom the reference is written and its recipient. An inaccurate or defamatory employment reference may result in legal action against the organisation or the referee
  • Managers approached for a reference for a member of staff reporting to them should respond on behalf of the organisation. Otherwise they should make it clear that they are providing the reference in a personal capacity
  • A copy of any reference provided on behalf of the organisation, should be included on the individual's HR file
  • A reference should contain a disclaimer, such as: "In accordance with [name of organisation’s] normal practice this reference is given in good faith and in confidence, without legal liability on behalf of the author or [name of organisation]”
  • Individuals have a right to request to see references written about them by their current or past employer
  • Requests for telephone or verbal references should ordinarily be declined. If a verbal reference is given, do not make any statements that you would be unwilling to make in writing.
  • Care should be taken not to refer to spent criminal convictions in references and any queries should be referred to the HR Division.

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Reviewed and updated by the HR Services Partnership – April 2010.

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