One of the key aspects of any background checking before starting employment is references. Although most of us will have supplied references in the past, or even given a reference to someone who has worked for us, there is a huge level of misunderstanding and myths about references and what they can contain.
References – The Legal Position
Employers are not always obligated to provide a reference and there are situations in which they cannot, such as when a business has closed down. However, if an employer does choose to give a reference, it must be accurate and fair. The content of the reference is at the discretion of the employer unless specific company policies dictate otherwise.
The law which says a reference must be “accurate and fair” is often taken to mean that an employer cannot give a bad reference. That is not the case at all. An employer is allowed to mention a history of poor time keeping or that you were sacked for theft as long as it is true, and they can back up the claims with fact. Employers usually steer away from value judgements such as people being hard working, pleasant or having an awkward personality as these are matters of opinion and harder to back with documented proof.
Work References
A work reference, sometimes called a factual reference, is typically provided by a current or previous employer. It can be either basic or detailed. A basic work reference is just a simple statement of the person’s job title and the dates between which they were employed. A more detailed work reference might also mention their job responsibilities, any training and skills they developed, a disciplinary record if applicable, sickness record and reasons for leaving. These are less common than the basic reference.
Character Reference
A character reference, also known as a personal reference, is usually given by someone who knows the applicant well, such as a manager, mentor, or volunteer coordinator. It can be from a previous employer or colleague, but also from other people such as school teachers, youth group leaders or religious leaders. A character reference might include information about how long the referee has known the applicant, their thoughts on suitability of that person for the role, and what the referee considers to be their personal strengths.
What a Reference Cannot Say
References must not be misleading or contain irrelevant personal information. All details must be fair and accurate, with supported evidence if opinions are provided. For instance, if an employee’s performance record indicates a need for improvement, the reference should not state that they were a model employee. References cannot include details of adjustments for disability, or information about maternity leave. Employers must be careful not to disclose any information in a reference that could lead to discrimination. For example, mentioning an applicant’s disability could lead to them being treated unfairly in the recruitment process. Applicants may also have a case to take legal action against the person who provided the reference.
