Employment references: what employers can ask and when
An employment reference lets you check what a candidate has told you about their work history. The ICO's draft guidance treats checking references as verification, which is less intrusive than vetting, but data protection still applies: ask only for what you need, and explain your process early.
There is generally no legal duty on a former employer to give a reference, and outside the sector rules below, whether you ask for one is your decision. Some sectors are different. FCA-regulated firms under the Senior Managers and Certification Regime must take reasonable steps to obtain regulatory references for certain roles. In England, care providers regulated by the CQC, schools and colleges, and early years providers all have specific reference or employment history rules.
Acas says it is best to ask for references at the final stage, when making a job offer, and to have made a conditional offer and got the candidate's permission before approaching their current employer. A reference must be accurate and fair, and it is not a substitute for other checks such as the right to work.
What a reference can and cannot tell you
Acas describes two kinds. A work reference usually comes from a current or previous employer. It can be basic, giving the job title and dates, or detailed, adding skills, experience, current relevant disciplinary records and reasons for leaving. A character reference comes from someone who knows the applicant well, such as a mentor or someone they volunteered for.
If an employer gives a reference it must be accurate and fair. It must not be misleading or include irrelevant personal information. Acas says it should not include absences related to disability or to maternity, paternity or adoption leave, or details of reasonable adjustments. Some employers only give basic references, and the amount of detail is up to the person providing it unless their employer has a policy.
So a short factual reference is not a warning sign in itself. Read it as confirmation of dates and role, and assess skills elsewhere in your process.
When to ask, and what to tell candidates
Acas says it is best to ask for references at the final stage, when making a job offer. Before approaching a current employer you should have made a conditional offer, have the applicant's permission, and have said at the application stage whether you need a work or a character reference. Asking earlier can cost the applicant their job.
The ICO's draft guidance on pre-employment vetting says you must explain your verification process as early as possible, including the methods, the information you will verify, how long you will keep it and any external sources. Where possible, verify only the successful candidate. If you need to verify earlier, for example because a sector rule requires it, you must be able to justify why.
Make the offer conditional on satisfactory references if you intend to rely on them. Acas says you can withdraw an offer if the applicant did not meet its conditions, such as suitable references, and that you should give your reasons.
What to ask referees
Only ask the referee for the information you need under your recruitment policy. The ICO's example: if you only need the referee to confirm employment dates, only ask for that. Tell the referee what you need and why, so they can decide whether to give it.
Where continuity of employment matters, the government's Baseline Personnel Security Standard is a useful benchmark even outside government. It asks for at least three years of employment, academic history or qualifications to be verified, through HMRC PAYE records or employer references, with references or evidence covering gaps of six months or more.
Sector rules
In these sectors references move from optional to required or expected. Each rule applies only where stated.
| Sector and nation | Rule | Source |
|---|---|---|
| FCA-regulated SMCR firms (UK) | Reasonable steps to obtain references from the current employer and anyone who employed the person in the past six years, for controlled functions, certification roles and board director appointments | SYSC 22.2.1R |
| CQC-regulated health and social care (England) | Satisfactory evidence of conduct in previous health, social care, children's or vulnerable adults' work, and a full employment history with a written explanation of gaps | Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, Schedule 3 |
| Schools and colleges (England) | Obtain references before interview where possible, do not accept open references, and do not rely on applicants to obtain their own | Keeping children safe in education 2026 |
| Group and school-based early years providers (England) | At least one written reference for any member of staff, including students and volunteers, before they are recruited | EYFS statutory framework from September 2026 |
Regulatory references in financial services
SYSC 22 applies to all SMCR firms. A firm asked for a reference must disclose all information it is aware of that it reasonably considers relevant to whether the person is fit and proper. In general that covers the previous six years, but the time limit falls away for serious misconduct.
A firm must not enter into any agreement that limits its ability to disclose information under SYSC 22, and the FCA's guidance says this includes a COT3 agreement settled through Acas. References should be true, accurate, fair and based on documented fact, not on unproven allegations or mere suspicions. Our financial services sector page sets out how this fits with fitness and propriety assessments.
When a reference raises a concern or does not arrive
If a reference does not match what the candidate told you, the ICO says you should give the candidate a chance to explain, consider their explanation and keep a record of your decision. You cannot assume the candidate is being untruthful. Acas adds that if you are unsure about anything in a reference, you should discuss it with the candidate before withdrawing a job offer.
If a reference cannot be obtained, for example because the organisation has closed, Acas tells applicants they can ask you to accept one from someone else, such as a manager or colleague, or from a different employer. A probation period can give you time to assess someone, although it does not replace a reference a sector rule requires.
Keep the outcome and your reasons rather than every document, unless a sector rule requires the information itself: CQC regulation 19, for example, requires the Schedule 3 information to be available for each person employed. If you are designing a reference process for a regulated role, HRjoy can help you set out what to ask and when.
What to tell the candidate
- Tell candidates at the application stage whether you will need a work or a character reference, and when you will ask.
- Get the candidate's permission before approaching their current employer.
- A reference must not be misleading, inaccurate or discriminatory, and the candidate can challenge one that is.
- Give the candidate a chance to explain anything in a reference that does not match what they told you.
- Personal information in a reference given in confidence is exempt from the right of access, so a candidate may not be able to see it through a subject access request.
Sources
- When an employer must give a reference · Acas
- What employers can say in a reference · Acas
- If you cannot get a reference · Acas
- If you get a bad reference · Acas
- Offering someone a job · Acas
- Verifying candidates · ICO
- Pre-employment vetting of candidates · ICO
- SYSC 22 Regulatory references · FCA Handbook
- Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, Schedule 3 · legislation.gov.uk
- Regulation 19: Fit and proper persons employed · Care Quality Commission
- Keeping children safe in education 2026 · GOV.UK (Department for Education)
- Early years foundation stage statutory framework for group and school-based providers (from September 2026) · GOV.UK (Department for Education)
- UK Government Baseline Personnel Security Standard, Version 7.0, June 2024 · GOV.UK (Cabinet Office)
General information for employers in the UK, not legal advice. HRjoy advises on screening policy and fair process. We do not run checks ourselves; where you need checks run, we can introduce you to our screening partners. Check the official sources for your situation.
When it’s justified
Usually justified
- Senior manager and certification roles in FCA-regulated SMCR firms, where SYSC 22 requires reasonable steps to obtain references covering the past six years
- People employed for the purposes of carrying on a CQC-regulated activity in England, where Schedule 3 requires evidence of conduct in previous work in health or social care or with children or vulnerable adults, and a full employment history with gaps explained (not needed for most volunteers)
- Staff in schools and colleges in England, where KCSIE 2026 sets out how references should be obtained and checked
- Staff, students and volunteers in group and school-based early years settings in England, where the EYFS framework requires at least one written reference
- Roles covered by the government's Baseline Personnel Security Standard, which asks for at least three years of employment history to be verified
Only if the role justifies it
- A detailed work reference covering skills, conduct and reasons for leaving, where the role carries enough responsibility to need it
- A character reference where the candidate has little work history or a former employer cannot be traced
- Asking about gaps in employment history, where the role or a sector rule makes continuity relevant
Rarely or never justified
- Approaching a candidate's current employer before a conditional offer, or without the candidate's permission, outside sectors whose rules say otherwise
- Asking referees for more than you need, such as a full absence record when you only need to confirm dates
- Treating a reference as a substitute for a right to work check
Questions
Something else? Ask us.
Does a former employer have to give a reference?
Generally no. Acas says there is no legal duty unless the employer has agreed in writing to give one, the role is a certain FCA or PRA regulated financial services job, or it was agreed in some other way, such as in a settlement agreement. Some employers give only a basic reference confirming job title and dates.
Can I ask for references before interview?
For most roles Acas says it is best to ask at the final stage, when making a job offer, and to have a conditional offer and the candidate's permission before approaching their current employer. Schools and colleges in England are an exception: KCSIE 2026 says they should obtain references before interview where possible, so concerns can be explored with the referee and the candidate.
Can a reference mention sickness absence?
A detailed reference can include a sickness or absence record, but Acas says it should not include absences related to disability or to maternity, paternity or adoption leave. As the recruiting employer, ask only for what you need. If you do not need absence data, do not request it.
Can a candidate see their reference?
They can ask the referee or the recruiting employer. The ICO says personal information in a reference given in confidence is exempt from the right of access, so you are not required to disclose it in response to a subject access request. The exemption does not apply to references that were not given in confidence.
Related checks
- Right to work checks: who to check and how from October 2026 Who needs a right to work check from 1 October 2026, including workers and sub-contractors, how each of the three methods works and follow-ups.
- Criminal record checks for employers Which criminal record check a role can lawfully have in England, Wales, Scotland and Northern Ireland, and how to run it fairly.
Sector guides
- Background checks in financial services Which checks SM&CR firms need for senior managers, certification staff and other roles: FIT, financial soundness and SYSC 22 regulatory references.
- Pre-employment checks in health and social care in England What CQC regulation 19 and Schedule 3 require, which DBS check each care role can have, professional registers and agency staff checks in England.
Also covered in our guides for Charities and volunteering, Childcare, Education, Hospitality and retail, Logistics and transport, Public sector, Recruitment agencies, Security and facilities and Technology.
Related answers
- How should probation periods work? There is no legal requirement to have a probation period, and it can be any length. Acas recommends clear written expectations, regular reviews, support to improve, extension where appropriate, and a fair procedure before any dismissal. Day-one rights such as protection from discrimination apply throughout, and the unfair dismissal qualifying period falls to 6 months from 1 January 2027.
- How should employers handle an employee subject access request? Employers should recognise the request, which can be made verbally or in writing, confirm the person's identity if needed, make a reasonable and proportionate search and respond without undue delay and within one month. Complex requests can be extended by up to two months. A fee usually cannot be charged, and information about other people may need redacting.
- Can misconduct outside work affect whether someone is fit and proper under FCA rules? Yes. FCA guidance says conduct in someone's private life can be relevant to their fitness and propriety, especially dishonesty, a lack of integrity, violence or sexual misconduct. Firms need not monitor staff's private lives or social media. They need only look into private life where there is a good reason, such as an allegation that would call someone's fitness into question if true.
- What are the protected characteristics under the Equality Act 2010? The Equality Act 2010 lists nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. In Great Britain, employers must not discriminate against job applicants, workers or former workers because of any of them.