Acas, the independent advisory, conciliation and arbitration service, has launched new guidance concerning job references, providing clarity for both employers and employees across the UK. The updated advice aims to demystify the process of giving and receiving references, highlighting legal responsibilities and best practice to ensure fairness and transparency in recruitment.
The comprehensive guidance addresses several critical aspects of references, including the type of information that can legitimately be shared, the importance of consistency, and the potential pitfalls of providing misleading or discriminatory information. It outlines that while there is generally no legal obligation to provide a reference, if an employer chooses to do so, it must be accurate and fair. Exceptions to this include regulated industries, where references may be a statutory requirement.
A significant distinction made in the new advice is between 'basic' and 'substantive' references. A basic reference typically confirms factual details such as job title, dates of employment, and salary. A substantive reference, on the other hand, provides more detailed information about an individual's performance, skills, and conduct. Acas stresses that any substantive reference must be based on verifiable facts and objective assessments.
The guidance also delves into the legal implications of references, reminding employers about their obligations under data protection legislation and equality law. Employers must ensure that references do not contain discriminatory content based on protected characteristics such as age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Furthermore, individuals have the right to request a copy of their reference under data protection rules.
For employees, the guidance offers insights into what to expect when a reference is requested and their rights regarding the information provided. It advises employees to check their employment contracts or company policies regarding references and to consider who they nominate as referees. Understanding the new Acas guidance can help both parties navigate the reference process more smoothly and legally.