Employment References - Guidance March 2025

3. Providing Reference for Current or Former-Employees

What you should do if you receive a request to provide a reference

Whilst there is no legal obligation to provide references the Council’s Policy is to provide references using the agreed reference template "Employment Reference - Request for Reference" Other Formats can be used but the content of the template must be adhered to.

Only a Line Manager or HR/ Recruitment Advisor should respond to a reference request.

The reference provider has a duty of care to the employee/former employee and to the prospective employer and must ensure that the reference is accurate and factual. Personal opinions should not be expressed.

Reference requests received from external organisations should be referred to the Human Resources team in the first instance (CEHRM@carmarthenshire.gov.uk).Please ensure that the person or organisation requesting the reference has a legitimate need to seek a reference.

If you do respond to a reference request direct, please ensure that you check with your HRA to determine whether there is anything that needs to be declared. Ensure that you follow the reference template and that you provide only the information allowed for and which can be supported by facts that are known to the employee/former employee. Do not provide any additional information.

All reference requests seeking an assessment of suitability to work in regulated activity or with vulnerable adults/children must be forwarded to the Human Resources Team (CEHRM@carmarthenshire.gov.uk)

Never include information about criminal convictions (spent or unspent) that have been revealed to you via a DBS check or directly from the employee/former employee. It is the new employer’s responsibility to seek this information directly from the applicant or via the Disclosure and Barring Service if the job requires it.

Always address the reference to the named referee to ensure that it is seen only by that person.

 

Potential Consequences of breaching the duty of care

An employee or former employee may sue the Council if they believe a reference has been provided negligently resulting in a withdrawal of a job offer or other loss. There are a number of cases where employees have been successful in bringing a claim and have been awarded financial settlements due to the employer’s failure to provide a true and accurate reference. This is why it is important to stick to the facts and avoid personal and/or subjective opinion.

Discrimination claims can also arise where the employer’s action (or lack of it) when providing references can be linked to a protected characteristic¹ as set out in the Equality Act 2010. For example, if the reason for refusing to provide a reference or making negative statements in a reference was that the employee or former employee had brought a claim for race discrimination against the employer, this could be construed as an act of victimisation and would amount to unlawful race discrimination.

Be alerted to providing a reference for an employee or former employee who has gender transitioned. Whilst the approach to and content of the reference will be identical; care should be taken with the use of pro-nouns and names. Discuss with the employee or former employee first and take advice from your HR Advisor if required.

 

Helpful hints for constructing the wording of a reference

The reference provided should be fact based and avoid any subjectivity. Here are a few examples to demonstrate the difference between a fact-based statement and a subjective statement:

 

Examples of facts	Examples of opinion/ vague/ subjective statements
Jim was rated 2 on a scale of 1-5 where 1 is the lowest and 5 is the highest) in his most recent (state year) performance appraisal.	Jim's work was considered unsatisfactory.
Hannah was given a first written warning regarding timekeeping in (State date).	Hannah frequently turned up to work late in the mornings.
Jack was summarily dismissed from the company for fighting with a colleague.	Jack's conduct at work left a lot to be desired.
Kate supervised six members of staff, and her appraisals show that she demonstrated excellent people management skills.	Kate supervised six members of staff, and we think she had very good people management skills.
Jayne met five out of 12 of her monthly deadlines during 2012.	Jayne was unreliable.

 

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^1. age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

 

 

 

 

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