Setting a company strategy for writing job references

Planning, 8 August 2008

The RTPI's Planners in the Workplace (PIWP) initiative aims to help members deal with a wide range of issues facing them at work. A recent enquiry came from a member who had been asked to provide a reference for a difficult employee.

With many job offers subject to obtaining a satisfactory reference, they play an important role in the recruitment process. A reference must be an accurate and fair representation. If it is inaccurate or contains misleading information then the employer could face litigation. Data protection requirements mean that the employee concerned can ask to see the reference. To avoid problems arising from references the following steps will help keep you on the right path.

Supply only factual information. Confirming the job title and employment dates is an obvious starting point, as well as the details of an employee's responsibilities. Employers must also take measures to avoid creating an unfair or misleading impression of the individual concerned. Avoid ambiguity in your wording and ensure that what is written is accurate and clear.

Confirming employees' absence record is standard practice, but you should avoid too much detail or analysis relating to their medical history. If an employee has suffered significant periods of ill health then it might be advisable to suggest that the prospective employer liaise directly with the employee concerned to avoid potential breaches of confidentiality.

If you do not have a company policy on supplying references, then draw one up as a priority to help achieve consistency. Increasingly employers are advised not to give verbal references to protect them from litigation. Written references could therefore be incorporated into the strategy to enable you to decline such requests.

Disclaimers can be attached to references. Organisations may state that they do not accept liability for any action brought by an employee over the reference. The RTPI's employment law helpline advises that due to the amount of case law on references, "any employer who has any doubts about providing a reference on an employee should not provide one, as they are not legally required to do so".

Chris Sheridan is the RTPI PIWP manager. For advice and guidance on human resource matters and the employment law helpline please visit www.rtpi.org.uk/member_services/piwp/ or email chris.sheridan@rtpi.org.uk.