Giving employee references: the UK rules for employers

Do you have to give a reference?

Usually not. Acas says an employer does not have to give a reference by law unless it is:

• in writing that the employer will provide one, for example in the contract or a policy
• for certain financial services jobs regulated by the Financial Conduct Authority (FCA) or Prudential Regulation Authority (PRA)
• agreed in some other circumstances, for example as part of a settlement agreement

Refusing is lawful, but be consistent. Giving references for some leavers and refusing others invites the question of why, and if the answer is connected to a protected characteristic or to a complaint the person made, the refusal itself can be discrimination or victimisation. Decide your policy once and apply it to everyone.

What must a reference be?

gov.uk's summary is that if an employer gives a reference, "it must be fair and accurate". Acas says the same: "If an employer gives a reference it must be accurate and fair." In practice that means:

• True and capable of proof. gov.uk says the previous employer "must be able to back up the reference", for example with warning letters.
• Not misleading by omission. A reference that is accurate line by line but gives a false overall impression is not fair.
• Fact, with opinion labelled as opinion and given by someone who actually knows the person's work.

Can a reference just confirm dates and job title?

Yes. gov.uk says a reference "can be brief - such as job title, salary and when you were employed". Acas calls this a basic reference: "a short summary of employment. For example, the employee's job title and the dates they worked there."

Many employers give only this, for every leaver. It is the lowest-risk policy, provided it really is applied to everyone and the reference says that it is your standard practice, so that brevity is not read as criticism.

What can a detailed reference say about sickness and discipline?

Absence figures are also health data. Before you disclose them, check that your privacy notice covers references, and strip out anything linked to pregnancy, family leave or a disability first. An allegation that was never investigated to a conclusion does not belong in a reference as though it were a finding.

Can the employee see the reference?

Often not through a data protection request. Schedule 2 of the Data Protection Act 2018 exempts "a reference given (or to be given) in confidence" for employment purposes from the right of access. The regulator's guidance is that "the exemption applies regardless of whether you give or receive the reference" and that it "only applies to references that you give in confidence".

Be aware that gov.uk's own page for workers still says that once you start with a new employer you can ask to see a copy of a reference. That describes the position before 2018; the statute and the regulator's guidance now put a confidential reference outside the right of access whichever employer holds it. Mark references as confidential if you intend them to be, and write every reference on the assumption that the person may one day read it anyway, for instance in tribunal disclosure.

What if the reference is bad, or wrong?

A worker has two routes. gov.uk says that someone given "an unfair or misleading reference" may be able to claim damages in court, if they can show that it is misleading or inaccurate and that they suffered a loss, such as a withdrawn job offer. If the content or the refusal was discriminatory, the claim goes to an employment tribunal instead.

The receiving employer has a duty too. Acas says: "If the recruiting employer is unsure about anything in the reference, they should discuss it with you before withdrawing a job offer."

Can you withdraw a job offer after a poor reference?

If the offer was conditional on references, yes. gov.uk says "a 'conditional' job offer can be withdrawn if the person does not meet the employer's conditions (for example, satisfactory references and health record)". An unconditional offer that has been accepted is a binding contract, and ending it means giving notice.

So make every offer conditional in writing, say what the conditions are, and ask the candidate about anything unexpected before you act on it. The offer letter template has the wording.

How should you handle reference requests?

1. Write a one-paragraph policy: who may give a reference on the company's behalf, and whether you give basic or detailed ones.
2. Route every request to that person. A warm note from a line manager on company letterhead is still the company's reference.
3. Answer from the record, not from memory: dates, job titles, and anything else only if it is documented.
4. Apply the exclusions in the table above.
5. Mark it confidential, date it and keep a copy with the leaver's file for the period in your retention schedule.
6. Honour what you agreed. If a settlement agreement sets the wording, use exactly that wording and nothing else, by phone as well as in writing.

References are one line in the offboarding checklist; decide who will handle them before the person leaves.

Frequently asked questions

Sources

Checked against the primary source on 5 October 2026.

• Acas: providing a job reference - when a reference must be given
• Acas: what employers can say in a reference - basic and detailed references; absence and disciplinary records
• Acas: if you get a bad reference - challenging a reference and withdrawn offers
• gov.uk: getting a job reference - fair and accurate; brief references; damages
• gov.uk: job offers - your rights - conditional and unconditional offers
• Data Protection Act 2018, Schedule 2, paragraph 24 - the confidential references exemption
• ICO: subject access requests - questions and answers for employers - how the exemption applies to references given and received

This is general guidance for UK employers and is not legal advice. Take advice on anything contested, unusual or expensive.