A manager replying from memory can create risk for the former employer, the recruiting business and the applicant. A reliable employment-reference process controls who responds, what is checked, how protected information is handled and what happens when a reference raises a concern.
Start by checking whether a reference is required
Employers do not usually have a general legal duty to provide an employment reference. Acas identifies important exceptions: a written commitment in an employment contract, an agreement such as a settlement agreement, and specific requirements for certain roles regulated by the Financial Conduct Authority or Prudential Regulation Authority.
Other sectors, particularly work involving vulnerable people, can have specific safeguarding or regulatory expectations. Check the applicable regulator and statutory guidance rather than assuming the organisation's normal factual-reference policy is enough.
Where a reference has been promised in a settlement agreement, use the agreed wording and approval process. An enthusiastic manager should not add informal commentary that contradicts the agreed reference or undermines the settlement.
Use one policy and one authorised route
A short policy should state who may provide references, which address requesters must use, the organisation's normal level of detail and when HR or senior approval is required. Tell managers that a personal opinion sent from a work account may still appear to represent the business.
Centralising responses helps prevent one former employee receiving dates and job title while another receives detailed criticism from a different manager. Consistency does not require identical wording in every regulated or agreed case, but differences should have a defensible reason.
Verify the identity and authority of the requester before releasing information. Check that the individual has applied for the stated role and that consent or another appropriate basis for the request has been established. Send the response through a secure channel and retain a copy with the request and approval.
Decide between a factual and detailed reference
A factual reference normally confirms the person's job title and employment dates. This is a legitimate policy choice and is not automatically a sign that the employee performed badly. Explain the policy in the response so the recruiting employer does not read silence as coded criticism.
A detailed reference may cover duties, skills, experience, performance, a relevant current disciplinary record and reason for leaving. The detail remains the referee's choice unless a contract, settlement or sector rule says otherwise. Every statement must be fair, accurate and capable of support.
Avoid ambiguous phrases designed to hint at a problem without stating it. 'We only confirm dates as a matter of policy' is clearer than a selectively cold response. Equally, do not give an unjustifiably glowing reference to move a difficult employee elsewhere; the receiving employer may rely on it.
Handle negative information with evidence and context
A reference can lawfully be unfavourable where it is fair and accurate. Before mentioning poor performance, misconduct, dismissal or an investigation, check the final record, outcome, dates and relevance to the new role. Separate established facts from opinion and ensure any opinion has an evidential basis.
Do not report an allegation as though it were proved. If an investigation found no case to answer, saying only that the employee was investigated could create a misleading impression. Acas specifically warns that disciplinary records or investigations should not be included unless they are recent and relevant.
The overall impression matters. A collection of individually true facts can still mislead if material context is omitted. Have a second authorised person review a detailed or negative reference against the personnel record before it is sent.
Acas: when a negative reference can be challenged ↗ · Related guide: workplace investigation process →
Keep protected and irrelevant information out
Do not disclose protected characteristics, reasonable adjustments or irrelevant personal information. Acas says a reference should not include disability-related absence or absence connected with adoption, maternity or paternity rights. Including a total absence figure without removing protected absence can be misleading and discriminatory.
Managers should not mention pregnancy, disability, family circumstances, trade-union membership or an employee's complaint merely because they believe the new employer would want to know. Restrict the answer to information necessary for the stated employment purpose and authorised by the policy.
Medical, grievance, whistleblowing and safeguarding information requires particular care. A recruiting employer with a genuine legal or regulatory requirement should identify it clearly; the referee should verify the requirement and take advice rather than transferring the personnel file.
Related guide: pregnancy-related sickness records → · Acas: discrimination law during recruitment ↗
Review the evidence before negative information leaves the business.
HR + SAFETY can review draft references, agreed settlement wording and the supporting performance or conduct record before an authorised response is issued.
Discuss a sensitive employment referenceRequest references after a conditional offer
Acas recommends requesting a reference at the final recruitment stage after making a conditional offer. Before contacting the applicant's current employer, obtain permission and make clear during the application process whether a work or character reference will be needed. Premature contact can expose the applicant's job search and create avoidable harm.
State what you need the reference to confirm and ask only relevant questions. Dates and job title may establish employment history; a safety-critical or regulated role may need defined competence or conduct information. A generic request for 'anything we should know' invites irrelevant and inconsistent data.
Write the offer conditions precisely. 'Two satisfactory references' should be supported by an internal definition of satisfactory and a decision process. A reference does not replace right-to-work, qualification, DBS, driving-licence or other role-specific checks.
Acas: reference request letter template ↗ · Related guide: right to work checks →
Investigate gaps before withdrawing an offer
A missing reference is not proof of a bad employment history. Some employers provide only factual references; others do not respond. Ask the applicant for another appropriate referee or supporting evidence and apply the same process to comparable candidates.
Where information conflicts with the application, identify the precise issue and give the applicant a reasonable opportunity to explain. Check whether the difference is material to the job and whether the evidence is reliable. Record the decision against the offer condition rather than relying on a manager's impression.
A conditional offer can generally be withdrawn if a clearly stated condition is not met. Tell the applicant the reason. Withdrawing an unconditional offer can create contractual risk, while a decision influenced by a protected characteristic can be discriminatory regardless of how the offer was worded.
Ten-point employment reference checklist
Test the process with a simple question: if a manager received a reference request today, would they know whether to decline, send a factual response or escalate it for review? A reliable policy should make that decision straightforward.
- Check whether a contract, settlement or sector rule requires a reference.
- Route every request to an authorised person or central HR address.
- Verify the requester and the applicant's permission before responding.
- Follow the policy on factual or detailed references consistently.
- Check job titles, dates and reasons for leaving against records.
- Support performance or conduct opinions with relevant evidence.
- Exclude protected absence, adjustments and irrelevant personal information.
- Use conditional offers and define what a satisfactory reference means.
- Give applicants a chance to explain missing or conflicting information.
- Retain the request, response, checks, approval and recruitment decision securely.
Employment references do not need to be long, but they must be controlled. Establish when one is required, authorise the response, verify every fact, exclude protected information and use a fair process when a reference affects a conditional offer.
This guide provides general information for UK employers. It is not legal advice and should not replace advice based on the facts of a specific matter.