Requesting Employer References for New Employees
Requesting employer references for new employees helps hirers verify key information about a candidate’s employment history before employment begins. Used properly, reference requests can support safer recruitment and help employers check that the information provided during the recruitment process is accurate and consistent.
This collection is intended to help employers manage the process of obtaining references from a candidate’s former or current employers. It is particularly useful where the employer wants a clear record of the candidate’s consent and a standard form of reference request.
Candidate consent before requesting a reference
Hirers should ensure that they have obtained the explicit consent of the candidate before sending a reference request to former or current employers. The Reference request consent form provides a clear record of that consent.
What an employer reference request is intended to check
The responsibility for providing accurate employer references typically falls on the former employer, specifically on line managers or departments responsible for HR, personnel or employee records.
The Request For Employer Reference asks for information such as the candidate’s job title, dates of employment and salary history.
Sometimes the reference request may include job performance, responsibilities and achievements. Any reply from an employer should be checked against the details provided by a candidate in a CV, job application form or interview.
Accuracy, fairness and consent when seeking references
Each employer is likely to have its own policy on how much information it is willing to provide when replying to a request for an employer reference. Providing false or misleading information can have legal and ethical implications.
Priority should be given to accuracy, fairness and objectivity when seeking as well as providing references.
Read with guidance on providing employment references
The Providing Employment References guidance notes and policy explain what to expect in a reply to a reference request, as well as points to consider when giving a reference.
Requesting Employer References for New Employees is part of Employment. Just £38.50 + VAT provides unlimited downloads from Employment for 1 year.
Frequently Asked Questions
Do I need the candidate's consent before contacting their previous employer for a reference? +
Not as a strict legal requirement, but it is good practice. Acas advises that you should obtain the candidate's permission before approaching a current or former employer for a reference, usually at the conditional-offer stage. Requesting a reference involves processing personal data under UK GDPR, so you need a lawful basis. In an employment or recruitment context the appropriate lawful basis is usually legitimate interests or steps to enter into a contract, rather than consent. The ICO advises that if you are processing employee data or are in any other position of power over an individual, you should look for another basis for processing, such as 'public task' or 'legitimate interests', though consent is not banned. The Simply-Docs Reference request consent form gives you a clear written record of the candidate's permission and can be sent alongside the reference request itself.
When is the right time in the recruitment process to ask for a reference? +
Acas recommends asking for references at the final stage of the recruitment process, usually at the point of making a conditional job offer. Approaching a candidate's current employer too early risks revealing to that employer that the candidate is looking to leave before the candidate is ready to disclose this. The Simply-Docs collection supports this approach: use the Reference request consent form first, then send the Request For Employer Reference once an offer has been made.
Is a former employer legally obliged to respond to my reference request? +
No. In England and Wales, there is no general legal obligation on an employer to provide a reference, although exceptions apply in some regulated sectors such as financial services where the FCA or PRA require specific regulatory references. Where a settlement agreement commits a former employer to give a reference, a contractual obligation may exist. If a former employer declines, Acas suggests exploring alternative referees or, where references are unavailable, considering a probationary period to assess suitability.
What information can I ask for in a reference request form? +
There is no prescribed list, but employers should ask only for information that is relevant and necessary. The Simply-Docs Request For Employer Reference covers the core factual details: the candidate's job title, dates of employment and salary history. It may also ask about job performance, responsibilities and achievements. Acas advises that all opinions must be supported by evidence and that you should not ask for information about protected characteristics or, without clear lawful basis, health and absence data. Any reply should be checked against the candidate's CV and application.
Which Simply-Docs templates does this collection include and how do they fit together? +
Use the Reference request consent form first: it records the candidate's explicit consent for the employer to seek references, and a copy can be sent with the request to reassure the responding employer of the lawful basis for sharing data. The Request For Employer Reference is the covering letter sent to the previous employer, setting out the information sought. Together they give a clear audit trail covering consent, data protection and the information requested.
