References: What Employers Need to Know (and What HR Should Watch Out For!)

Asking for references might seem like one of the simpler tasks in HR — a quick email, a few standard questions, and job done, right? Not quite.

Unfortunately reference requests sit in a legal and practical grey zone that’s often misunderstood by both employers and employees. So here’s a quick guide from a HR perspective to help you stay on the right side of employment law, keep things fair, and avoid unnecessary hassle.

What Is a Reference Request?

A reference request is typically sent to a former employer or manager to verify details about a candidate’s previous employment — such as dates of employment, job title, and sometimes performance or conduct. But there’s no legal obligation for an employer to provide one (with some exceptions).

When Must a Reference Be Given?

Most employers can decline to give a reference — except in certain circumstances:

• Regulated roles, like those in financial services, education, or health, often require references as part of safeguarding or compliance.
• If it’s contractually agreed, such as in a settlement agreement or employment contract.
• If the employer has a policy of providing references for all staff — not doing so for one employee could lead to claims of discrimination.

What Should a Reference Contain?

To avoid any comeback, many employers now opt for a basic factual reference only, including:

• Job title
• Dates of employment
• Whether the role was permanent or temporary

You can include more detail — such as performance or reason for leaving — but tread carefully. References must be:

• Truthful
• Fair
• Not misleading

A misleading reference (positive or negative!) could lead to legal claims for negligent misstatement or defamation.

Tips for Giving and Requesting References

For HR teams giving references:

• Stick to a consistent policy: decide what your standard reference will include and don’t deviate.
• Keep it factual. Avoid opinions unless you can evidence them.
• Always check internal records before confirming any details.

For HR teams requesting references:

• Ask for the essentials: job title, dates of employment, and eligibility for rehire (if appropriate).
• Be clear about deadlines, confidentiality, and why the reference is needed.
• Make sure the candidate has consented to the request — this is best practice under UK GDPR.

Watch Out For…

• Back-door references: Avoid informal calls or off-the-record chats. These are risky and may breach confidentiality.
• Bias and discrimination: Be aware that negative references disproportionately affect certain groups. Keep fairness in mind.
• Withdrawing offers: If a reference comes back with red flags, take advice before withdrawing an offer — the candidate could claim detrimental reliance if they’ve already resigned from a previous job.

Sample Line for a Reference Request

“I am writing on behalf of [Client/Company Name] to request a reference for [Candidate’s Full Name], who has applied for a position with us. We would appreciate it if you could confirm their employment dates and job title, and let us know if you are aware of any reason why they would not be suitable for this role.”

(Keep it simple and professional — and always get the candidate’s permission before you hit send!)

In Summary

Reference requests are part of the hiring routine, but they come with legal responsibilities and reputational risks. A well-thought-out reference policy can save you a world of trouble. As always, when in doubt — check your facts, keep it neutral, and document everything!

For support in this (or any other HR operational requirements!) please get in touch.