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Request For Employer Reference

EMP.RE.01.04

The Request for Employer Reference is for use when writing to a referee nominated by a job applicant.

It asks the referee to confirm the applicant’s dates of employment and suitability for the new role. It also asks about the applicant’s disciplinary record and reason for leaving.

Data protection and consent for reference requests

Requesting a reference involves processing personal data under the UK GDPR, so employers must ensure that they have a legal basis for doing so.

In this context, the most likely basis is the employee’s consent, because the employee is likely to have a genuine choice about whether to consent to data processing for employment reference purposes.

  • If the employer uses the Simply-Docs Exit Interview Form when the employee leaves, that form expressly asks for consent to take up references.
  • There is also a separate form for the employee to give consent for work references to be provided to a future employer.
  • This letter provides for a signed consent form to be sent to the former employer.

Marking the reference request correctly

Reference requests and references should be marked “confidential” and “addressee only”.

Avoiding health questions too early

It is safest not to ask questions about health at all.

If it is necessary to raise health or disability issues, employers should ensure that they do not ask those questions until a job offer has been made.

Request For Employer Reference is part of Employment. Just £38.50 + VAT provides unlimited downloads from Employment for 1 year.

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