Except in specific industries, an employer has no legal obligation to provide a reference to employees leaving their employment; the choice of whether or not to do so is yours to make. If you agree to give a reference, the information you provide must be fair and accurate. This often leads to businesses asking the question, ‘Does an employer have to disclose a disciplinary reference UK?’
Here, our HR experts discuss the different types of reference an employer can give and what you should and should not include in a reference, including whether, as an employer, you have to disclose a disciplinary in a reference UK.
Call us now on 01491 598 600 or email us on cw@gaphr.co.uk and we will be delighted to help you.
What Are The Different Types Of References An Employer Can Give?
Whilst you are not legally obliged to provide a reference, it is generally considered good practice to do so. There are two types of employment reference, known as ‘work’ and ‘character’.
• Work References
Work references are usually given by an organisation the individual has worked for in the past. As an employer, you can choose to provide a ‘basic’ work reference or a ‘detailed’ one. Basic work references give simple facts about the individual’s employment, often limited to their job title and their dates of employment. Nowadays, many employers opt for a basic work reference, so potential new employers draw little adverse inference if a candidate produces one.
Detailed work references provide more depth about the candidate’s time with the employer. Many employers have a policy detailing the types of information they will include in a reference, which may include the following:
- Their job title.
- Their employment dates.
- Their specific skills and experience.
• Character References
Character references are more personal than work ones and are usually provided by someone who knows the employee well, such as their immediate manager. The types of information typically provided in a character reference include the following:
- The capacity in which the person providing the reference knows the candidate.
- When the person providing the reference first met the candidate.
- Details relating to the candidate’s character.
- The candidate’s personal strengths, for example, networking or leadership skills.
- Why the person providing the reference thinks the candidate is suitable for the role in question.
What Should You Include In A Reference?
The Advisory, Conciliation, and Arbitration Service, better known as ‘ACAS’, has published guidance on job references, including the types of information an employer should and should not include when providing one.
If your company policy is to provide detailed as opposed to basic work references, the guidance states that you must ensure that any reference you give:
- Is fair.
- Is accurate.
- Does not mislead anybody.
- Is consistent with other references you have provided.
- Complies with all relevant laws, such as those relating to discrimination.
- Does not provide more personal information than is necessary.
- Does not contain irrelevant personal information.
The guidance provides details of specific information that you should not include in a reference, which consists of the following:
- Any adjustments you made to accommodate the candidate’s disability.
- Absence records relating to the employee’s disability, parental leave, or adoption leave.
- Any information that the potential new employer might use in a discriminatory way. The types of characteristics ACAS notes as being potentially covered by this requirement include the following:
o Age.
o Race.
o Religion.
o Sexual orientation.
o Pregnancies.
Does An Employer Have To Disclose A Disciplinary In A Reference UK?
Generally speaking, disciplinary processes should be kept confidential and should, therefore, not be discussed with anyone outside of your organisation. This general rule begs the question, ‘does an employer have to disclose a disciplinary in a reference UK?’
There is no law that prohibits or obliges the disclosure of an employee’s disciplinary record in their reference. Accordingly, it is up to you as an employer to decide whether or not to include the candidate’s disciplinary records or investigations when providing a reference. However, the ACAS guidelines state that any information of this nature should only be disclosed to the extent that it is recent and relevant. For example, you may need to mention a disciplinary issue if the job the employee is applying for involves working with vulnerable people or children, and their behaviour might affect their suitability for the role.
Deciding whether, as an employer, you have to disclose a disciplinary in a reference UK can be a tricky call. Support and guidance from experienced HR specialists like ours can be invaluable in ensuring your decision is both fair to the employee and compliant with your legal requirements.
Call us now on 01491 598 600 or email us on cw@gaphr.co.uk and we will be delighted to help you.
