Skip to main content

Insight article

September 28, 2018

ACAS guidance on employment references

Coinciding with the Employment Tribunal’s recent decision in the case of Francis-McGann v West Atlantic UK Limited, where an employee faked a reference using the name of a Star Wars villain (read our article The Employment Tribunal Strikes Back), ACAS has released new guidance on employment references.

Does an employer need to provide an employment reference?

An employer can provide an employment reference and decide on the amount of information they provide within the reference. Special circumstances may mean an employer is obliged to provide a reference. For example, when an agreed reference forms part of the terms of a settlement agreement or employers that are regulated by the Financial Conduct Authority or the Prudential Regulation Authority.

What must a reference include?

The reference can include basic facts such as job descriptions, answers to questions that the potential employer has asked, and any details about the applicant’s skills and abilities or strengths and weaknesses concerning the suitability of an applicant for the new role they have applied for.

Can a bad reference be given?

The reference must be ‘accurate’ and ‘fair’ and must not contain any ‘misleading’ or ‘inaccurate’ information.

What issues can arise with giving references?

Applicants can request a copy of the reference sent to the new employer if they wish.

It is usually best practice and safest for employers to have a policy about what references will cover. That way, employees know what to expect. It is generally safest to limit references to factual issues, such as the job applicant’s employment dates and job description. If an employer provides a reference for some individuals but not others, it could face allegations of discrimination, victimisation, or breach of trust and confidence. Employers also need to be mindful that there is no obligation within a contract with the employee to provide a reference.

Employers should record on an individual’s file whether or not the employee wishes the employer to provide a reference.

Suppose there is ever any doubt over whether or not an individual has given consent for an employer to give a reference. In that case, the employer should contact them to check whether they should provide the reference.

If a reference included information about an individual’s health, the employer would need the individual’s consent before disclosing that information.

For further advice on references or any other employment issue, speak to solicitor Karen Cole today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Neuroinclusion in the workplace
    With a varied workforce, businesses in the UK need to provide inclusive policies and practices. One key area that employers must address is neuroinclusion.


    Read more
  • RIAA Barker Gillette (UK) appoints Brinda Granthrai as Partner and Head of Commercial Real Estate
    London, May 2025


    Read more
  • Strategic lifetime gifting
    How to minimise your IHT liability during your lifetime.


    Read more
  • Navigating directors’ duties
    Legal responsibilities and risks for UK company directors


    Read more
  • Preparing a business-lasting power of attorney
    In this article, private client solicitor Herman Cheung of West End law firm RIAA Barker Gillette (UK) considers the advantages, needs and practical examples of creating a bu


    Read more

What they say...

  • J. M., May 2025
    “Just wanted to give a massive shout out to Herman. He has supported myself and also my parents with writing up wills and with some inheritance tax advice as well. Everything was made really clear very professional, ethical and boundaried. Herm

  • Michael P, May 2025
    “Recently had occasion to use the services of Borehamwood branch conveyancing department and very impressed with all the contacts we had there, namely Laura Thurlow and Anne Stern.”

  • Michael, May 2025
    “Very pleased with the services provided by Charlotte Barbaroussis. Particularly found her quick and effective to reply to any queries.”

  • Malcolm & Sheila Blackmore, May 2025
    “My wife and I engaged RIAA Barker Gillette to prepare our wills and LPOA’s. James McMullan and Charlotte Barbaroussis were the epitome of professionalism – responding quickly, talking us through the legalese, clearly answering any

  • Ian, April 2025
    “Martin and his team at Barker Gillette acted for us in our purchase and sale of property. The chain was lengthy and elements of the work became complex. Martin was tenacious and resolved to answer our queries as they arose. He handled all aspe

Read more
Send this to a friend