The Do’s and Don’ts of Job References
in Employers

The Do’s and Don’ts of Job References

As recruiters we regularly see references of all shapes and sizes. From the “we can only confirm that Joe Bloggs has worked for us for these dates and have nothing else to say” through to “Joe Bloggs was more than an employee – he was a friend and confidante and we cried when he left our firm.”

A good reference can help a former employee get a new job, while a bad one might cause serious issues. Thankfully we rarely see really bad references. Generally, although the rule appears to be that employers don’t have to give a reference if they don’t want to, pretty much every employer will write something. Many employers choose to give references to keep good relationships with former employees. The key is that any reference must be truthful, fair, and not misleading.

A key frustration for us as recruiters is where employers only indicate dates and confirmation that a person was employed with them, without anything else. Quite often that same employer will be one who expects a detailed reference from others when recruiting!

A few tips for employers and employees:

Employees

• Ask for permission – never put someone down as a reference without asking first – it can annoy the former employer before they have even written anything about you.
• If you are planning on doing locum work, consider asking your references for a ‘to whom it may concern’ reference so you don’t need to keep bothering your referees.
• If you are leaving a role, think about asking for an open ended reference before you leave so you can produce references as and when needed without having to ask.
• Be nice to your employers if you are going to need a reference. You never know when you might need a former employer to be nice to you as well! •

Employers

• When giving a reference, you have to think about both the former employee and the potential new employer. Any information you give must be accurate and fair.
• If you decide not to give a reference, make sure it’s not for any discriminatory reason. Also, avoid making comments about an employee’s work or attendance that could be seen as discriminatory, especially on topics such as disability.
• Don’t give out sensitive information, such as health records, without the employee’s clear permission.
• Treat all employees consistently to avoid discrimination claims. If you give references for one employee, you should do it for others in similar situations.
• Sticking to factual information like employment dates and job titles to reduce legal risks is recommended (although it does make your reference a lot less useful).
• Consider adding a statement to your reference that states you’re not responsible for any mistakes or information left out.
• Transparency – if your reference includes detailed information about how the employee behaved or performed, make sure the employee is aware of this.
• Keep detailed records of all references provided. Write down all information you provide and any messages regarding the reference.
• Avoid exaggerating an employee’s positive qualities or downplaying any legitimate issues. Make sure all information is factually correct and fair. In addition to this, refrain from including personal opinions or irrelevant information. Focus on facts about job performance. Make sure the reference doesn’t contain any comments that could be seen as discriminatory. For example, don’t mention absences related to parental leave, disability or other protected characteristics. Avoid giving details about poor performance, disciplinary actions, or reasons for dismissal unless you have documented evidence.

Jonathan Fagan

Jonathan Fagan LLM FIRP is Managing Director of Ten-Percent Legal Recruitment. He has been recruiting solicitors and legal support staff for law firms and in house legal departments for over 20 years and handles roles from junior fee earners through to partners and law firm sales/purchases. A non-practising solicitor on the Roll since 2000, he is also the author of a number of legal career books, which are available at www.ten-percent.uk. You can contact Jonathan at cv@ten-percent.co.uk