Employment reference

Most references are optional, accuracy is not

An employer does not usually have to provide an employment reference. A duty can arise from a written promise, a settlement agreement or rules for certain regulated roles. A reference policy should say who may respond and whether the organisation gives only basic references or considers fuller requests.

Once an employer gives a reference, it must be fair, accurate and not misleading. A basic reference might confirm job title and employment dates. A detailed reference can cover relevant skills, performance or current disciplinary information, but opinions should have evidence behind them.

The Acas guide to providing references explains when one is required and when recruiters should ask.

Ask after the candidate knows where they stand

Tell applicants during recruitment what references you need. It is usually better to request them at the final stage, after a conditional offer and with the applicant's permission, particularly before contacting a current employer.

Ask questions that are relevant to the role. Do not use a reference as a substitute for right-to-work, qualification or criminal-record checks. If a response raises a concern, check what it actually says and give the candidate a chance to clarify before withdrawing an offer.

Keep sensitive details out unless they belong

The Acas content guidance warns against irrelevant personal information, unsupported opinion and discriminatory content. Do not disclose reasonable adjustments or absences connected with disability or family leave. Recent relevant disciplinary information still needs fair context.

Keep the request, response and decision with restricted recruitment records. Set a retention period rather than leaving references in a general inbox. For Northern Ireland, use the separate nidirect guidance.