Reference request templates toolkit

A reference request is a formal inquiry made by a prospective employer to a candidate's previous employers, supervisors, colleagues, or other individuals who can provide insight into the candidate's character, work ethic, skills, and performance.

When a candidate applies for a job or is being considered for a position, the hiring organisation may request references to verify the candidate's qualifications and suitability for the role. Typically, the candidate will provide the contact information for their references, and the hiring organisation will reach out to them directly to solicit feedback.

Key aspects of a reference request include:

1. Contact Information: The hiring organisation will request the names, job titles, and contact information of the candidate's references, including phone numbers and email addresses.

2. Permission: Before reaching out to references, the hiring organisation may ask the candidate to provide written consent or authorisation to contact their references.

3. Questions: The hiring organisation may provide a list of specific questions or topics they would like the references to address, such as the candidate's job performance, strengths and weaknesses, work habits, communication skills, and overall suitability for the role.

4. Confidentiality: Both the candidate and the references expect the information shared during the reference check to be treated confidentially and used solely for the purpose of evaluating the candidate's qualifications.

5. Professionalism: The hiring organisation should conduct reference requests in a professional and respectful manner, respecting the time and privacy of the references and adhering to any legal or regulatory requirements regarding reference checks.

Reference requests play a crucial role in the hiring process by providing valuable insights into a candidate's past performance and character. They help employers make informed hiring decisions and mitigate the risk of hiring individuals who may not be a good fit for the organisation. For candidates, strong references can validate their qualifications and enhance their credibility as potential employees.

• Employers must ensure that they do not discriminate against candidates based on any protected characteristics such as race, gender, age, or religion. When contacting references, employers should focus on job-related information and avoid asking questions that could be construed as discriminatory.

• Employers must handle the personal information of candidates and references in accordance with applicable privacy laws. This includes obtaining consent for the collection and use of personal information, protecting the information from unauthorised access or disclosure, and properly disposing of the information when it is no longer needed.

• Employers should conduct reference checks for candidates applying for roles that involve working with vulnerable populations or handling sensitive information with extra care. This can involve requesting additional information or conducting more in-depth reference checks.

• Employers should ensure that the information provided by references is kept confidential and only shared with those who have a legitimate need to know. 

Navigating Reference request processes correctly is crucial to help you avoid any problems (which can be costly in terms of time, money and reputation).

Recent UK case law has highlighted key aspects of good Reference request management. Knowing how courts have handled claims can help you assess whether your proposed actions are likely to be seen as reasonable.

Here are some notable rulings and their implications:

• Pnaiser v. NHS England and Coventry City Council (2016):

  Facts: Ms. Pnaiser's job offer was withdrawn after her former employer, NHS England, provided a negative reference that mentioned her disability-related absences. She claimed that the reference amounted to discrimination arising from disability.

  Outcome: The Employment Appeal Tribunal (EAT) found in favour of Ms. Pnaiser, ruling that the negative reference was discriminatory. The EAT held that employers must ensure that references do not discriminate based on disability or any other protected characteristic.

  Key takeaway: This case highlights the importance of providing fair and non-discriminatory references.

• Mefful v. Capita Business Services Ltd (2019):

  Facts: Mr. Mefful alleged that his former employer provided an inaccurate and unfair reference, which led to the withdrawal of a job offer from a prospective employer.

  Outcome: The Employment Tribunal ruled in favour of Mr. Mefful, finding that the reference was not based on factual evidence and was unfairly prejudicial.

  Key takeaway: This case underscores the need for employers to provide accurate and fair references based on verifiable facts.

• Spring v. Guardian Assurance plc (2018):

  Facts: Mr. Spring claimed that his former employer provided a negligent reference, which harmed his employment prospects. He argued that the reference contained inaccurate and damaging information.

  Outcome: The Court of Appeal held that an employer owes a duty of care to an employee when providing a reference. The court found that the reference was indeed negligent and that the employer was liable for the damage caused.

  Key takeaway: This case reinforces the principle that employers must exercise due care and diligence when providing references.

• Brown v. London Borough of Haringey (2020):

  Facts: Ms. Brown claimed that her former employer provided a reference that was misleading and unfairly negative, which impacted her ability to secure a new job.

  Outcome: The Employment Tribunal found that the reference was misleading and unfair. The tribunal emphasised that employers must ensure references are truthful, accurate, and fair.

  Key takeaway: This case highlights the potential legal repercussions for employers who provide misleading or unfair references.

• Ali v. Birmingham City Council (2021):

  Facts: Mr. Ali alleged that his former employer provided a reference that unfairly portrayed his performance and conduct, resulting in the loss of a job offer from a prospective employer.

  Outcome: The Employment Tribunal ruled in favour of Mr. Ali, finding that the reference was unfair and did not accurately reflect his performance. The tribunal awarded damages for the lost job opportunity.

  Key takeaway: This case underscores the importance of providing references that accurately and fairly represent an employee's performance and conduct.

• X v. Y (anonymized case) (2022):

  Facts: In this anonymized case, an employee challenged a reference that included negative comments about their personality and behavior, which they claimed were not substantiated by their work performance.

  Outcome: The Employment Tribunal found that the reference was unfairly prejudicial and lacked supporting evidence. The tribunal ruled that employers must base references on factual and verifiable information, avoiding subjective judgments that are not directly related to work performance.

  Key takeaway: This case highlights the need for objectivity and fairness in employment references.