References (where not provided) policy
Our References (where not provided) Policy respects privacy, avoids liability, and maintains impartiality when handling reference requests.
5 mins
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What is a References (where not provided) policy?
The purpose of this policy is to establish a clear and consistent approach within the company regarding the provision of references for current and former employees.
It outlines that the company will not provide detailed references, assessments, or opinions about individual employees' performance, behavior, or character to external parties. Instead, the policy focuses on verifying basic employment details, protecting employee confidentiality, and encouraging employees to use personal references or an employment verification letter for personal or career purposes. The policy ensures compliance with data protection and confidentiality regulations and guides the recruitment process to use comprehensive evaluation methods when assessing candidates.
By implementing this policy, the company safeguards sensitive employee information and maintains a fair and impartial approach to handling reference requests.
During onboarding / after changes / planned refresher
Internally issued to appropriate recipients in your Company
Great Britain & NI (United Kingdom), Worldwide
What legislation and best practice guidelines have been taken into account in the development of this template?
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Data Protection Act 2018: Ensures that employee data, including references and personal information, is handled securely and in compliance with data protection regulations.
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Equality Act 2010: Prohibits discrimination and ensures fair treatment when providing references or verification information for current and former employees.
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Employment Rights Act 1996: Provides guidelines on what information can be disclosed in references and the employee's right to access their employment records.
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General Data Protection Regulation (GDPR): Sets out specific requirements for the lawful processing of personal data, including employee references.
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Common Law: Imposes a duty of care on employers when providing references, ensuring they are truthful, accurate, and fair.
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Defamation Act 2013: Protects the company from potential liability in providing references that could be defamatory or damaging to an individual's reputation.
Other territories
Consult your jurisdiction's employment legislation or labor laws to ensure compliance with the template. Review the language for local precision.
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