Response to reference request letter template

This Response to reference request letter template incorporates relevant UK laws and HR standards, including those listed below:

In the UK, you are not legally required to respond to a reference request from an ex-employee's new employer, unless there is a contractual obligation to do so. However, refusing to provide a reference could potentially result in a negative inference being drawn about the ex-employee, which could result in a claim for discrimination or breach of contract.

In addition, the ex-employee may have a right to access the reference under data protection laws, so you should ensure that any reference provided is accurate, truthful and not misleading. If you decide not to provide a reference, you should consider informing the ex-employee in writing, providing reasons for your decision.

If you respond to a reference request you must consider the following:

• Duty of Care: You have a duty of care to provide a reference that is accurate, truthful and not misleading. You should ensure that the information provided in the reference is fair, factual and objective.

• Data Protection: You are also required to comply with data protection laws when providing a reference. This means that you should obtain the consent of the ex-employee before providing any personal data to the new employer. You should also ensure that the reference does not include any sensitive personal data, such as medical information or details about their religion or ethnicity.

• Discrimination: You must ensure that the reference does not contain any discriminatory language or information. This includes avoiding references to age, gender, race, disability, sexual orientation, religion, or any other protected characteristic.

• Liability: You could be liable for any losses incurred by the new employer if you provide a reference that is inaccurate or misleading. This means that you should take care when providing a reference and ensure that the information is based on facts and not opinion.

• Equality Act: The Equality Act 2010 prohibits victimisation of an employee who has made a complaint under the Act. This includes complaints of discrimination, harassment or victimisation on grounds of any of the nine protected characteristics. You should ensure that the reference does not contain anything that could be interpreted as victimisation.

Check which resources should be implemeted before and/or after the Response to reference request letter template, to understand the workflow.

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Response to reference request letter

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Acknowledgement of reference received letter

This document is used where the Company wishes to acknowledge receipt of a reference given by another Company or individual, concerning a new joiner.

Follow these best practice actions to get the most from the Response to reference request letter template, guiding you before, during, and after implementation:

Scenario

ABC Limited, a UK-based company, receives a reference request for a former employee from another organisation. HR Manager Sarah is responsible for drafting a response to the reference request on behalf of the company.

Initial Response

Upon receiving the reference request, Sarah conducts several checks to ensure the legitimacy of the request and compliance with data protection regulations. She verifies the identity of the requesting organisation, ensuring it is a legitimate entity, and confirms that the former employee has consented to the release of their employment information. Sarah also reviews the company's internal policies and procedures regarding references to ensure compliance.

Drafting the Response

Sarah carefully considers the options for responding to the reference request based on ABC Limited's company policy. If the company policy allows for detailed references, Sarah drafts a comprehensive response that addresses the new employer's questions in full. This response includes factual information about the former employee's employment history, performance, responsibilities, achievements, and character assessment.

However, if ABC Limited's company policy restricts reference responses to simple confirmation of service dates and job title, Sarah drafts a more concise response that provides only the requested information. This response confirms the dates of employment and job title without providing any additional details about the employee's performance or character.

In either case, Sarah ensures that the response aligns with ABC Limited's company policy and legal obligations regarding references, maintaining consistency and compliance across all interactions with other organisations.

Sending the Response

Once the response is finalised, Sarah sends it to the requesting organisation via email or post, ensuring timely delivery. She includes any additional documentation or contact information as necessary and maintains a record of the response for documentation purposes.