Employment References
Employment references are statements from previous employers about a candidate's work history, performance, and character, used to verify suitability for a new role.
compliance
Category
beginner
Difficulty
4 min read
Read time
2025-01-15
Updated
Definition
Short definition
Employment references are statements from previous employers about a candidate's work history, performance, and character, used to verify suitability for a new role.
Detailed explanation
Employment references are an important part of the hiring process, providing insights into a candidate's past performance, reliability, and conduct. References typically come from previous employers but can also include character references from professional contacts.
There is no legal obligation for employers to provide references (except in some regulated industries), but most do provide at least basic factual references confirming dates of employment and job title.
References must be fair and accurate. Employers can be liable for misleading references that cause harm to either the candidate or the new employer.
Practical guidance
How it works
During recruitment, employers request references from candidates' previous employers. References are checked against information provided by the candidate. Red flags are investigated. In regulated industries, specific reference formats may be required.
Best practices
Have a consistent reference policy
Only include factual, verifiable information
Use standard reference request forms
Keep records of references given and received
Legal context
Legal basis
Common law duty of care, FCA requirements for regulated roles, Defamation Act
Jurisdiction: UK
Key provisions
No legal obligation to provide a reference (with some exceptions)
References must be fair and accurate
Can be liable for negligent misstatement
Regulated roles may require specific references
Official source
Frequently asked questions
Am I legally entitled to a reference?
Generally no, except in some regulated industries like financial services where regulatory references are required. Most employers will provide at least a basic factual reference, but there's no general legal obligation.
Can a bad reference prevent me getting a job?
A negative but accurate reference can affect your job prospects. However, references must be fair and accurate. If you believe a reference is false or misleading, you may have grounds for a claim.
Can I see what reference my employer gave?
You can make a Subject Access Request to the new employer to see the reference they received. The previous employer may also provide a copy, though they're not obliged to.
Related glossary terms
Background Checks
Background checks are investigations into a candidate's history, including criminal records, employment history, qualifications, and references, conducted before or during employment.
Onboarding
Onboarding is the process of integrating new employees into an organization, from offer acceptance through their first months, covering paperwork, training, and cultural integration.
Record Keeping
Record keeping is the systematic process of creating, storing, and maintaining employee documentation throughout and after the employment relationship.