Acas publishes new guidance on employment references

Source: ACAS | | 13/09/2018

ACAS has published new guidance on employment references aimed at both employers and employees based on the questions it receives on its helpline. The guidance makes clear that there is usually no legal obligation on employers to provide a reference, but employers who do give them must make them true, fair and accurate.

The guidance covers:

  • What is an employment reference?
  • Does an employment reference have to be provided?
  • What can an employment reference include?
  • When are employment references needed?
  • Job offers and references.
  • Can an employer give a bad reference?
  • Resolving problems with references.

Advice provided in the guidance includes that:

  • Employers must only seek a reference from a job applicant's current employers with their consent.
  • If a conditional job offer is made, it can be withdrawn if the job applicant doesn't meet the condition of supplying satisfactory references.
  • Potential employers should remember that a referee may not provide a reference or might inaccurately suggest the job applicant is unsuitable – in these circumstances, it may help to discuss any concerns with the job applicant first.
  • Job applicants who are unhappy with a reference can ask for a copy that was sent to their potential employers and may be able to claim damages in court if they can prove it was misleading or inaccurate and resulted in the withdrawal of their job offer.

Unfortunately, the guidance only touches briefly on the impact of the General Data Protection Regulation. Before providing a reference on an employee or ex-employee, employers should ensure they first have the individual’s express consent, including consent not just to the provision of the reference itself, but also to the identity of the intended recipient.



Accountancy service

“Are you feeling confused about how to comply with HMRC’s accountancy requirements?

Read more...

Your business

Your business

Are you a Start-up business? Are you a little confused about the different types of companies? 

Read more...

Virtual Director

Virtual Director

Are you looking to grow your business? A Virtual Financial Director can help you take your business to the next level.

Read more...

Xero

XERO

Ensure that your business has the edge over your competitors and incorporate Xero into your business, today!

Read more...

Latest News

Child Benefit penalties under review
07/11/2018 - More...
The High Income Child Benefit Charge (HICBC) came into force in January 2013. It

VAT reverse charge construction industry
07/11/2018 - More...
A change to the VAT rules first announced at Budget 2018 will come into effect

Business rates support for the High Street
07/11/2018 - More...
The Chancellor announced a number of measures to help many failing high streets

Search News


Newsletter

With our newsletter, you automatically receive our latest news per e-mail and get access to the archive including advanced search options!

» Sign up for the newsletter
» Login