Reference questions, answered.
What employers can say in a reference, whether they can refuse one, and how RefAssure handles the chasing for you.
Can an employer give a bad reference?
Yes. In the UK an employer can give a negative reference as long as it is true, accurate and fair. It can mention current, relevant disciplinary records or documented performance concerns, but it must not be misleading, include irrelevant personal details or discriminate. Acas publishes guidance on what a reference can and cannot say.
Can an employer give a bad reference? The detail
There is no rule that a reference has to be positive. What the law asks is that it is true, accurate and fair. A reference can show that someone is not suitable for a job, for example that they lack the experience needed, as long as the facts support it.
A detailed reference can include:
- job title, dates of employment, duties and skills
- current, relevant disciplinary records
- the reason the person left
- performance, where opinions are backed by evidence such as appraisal records
A reference should not be misleading, either through what it says or what it leaves out. If an investigation cleared someone, mentioning the allegation alone could give a false impression. If someone's record shows they needed to improve in some areas, the reference should not say they excelled. It should not mention absence linked to disability, maternity, paternity or adoption leave, or any reasonable adjustments, and it must follow discrimination law.
A candidate who believes a reference was inaccurate, misleading or discriminatory can ask to see it and may be able to challenge it. For full detail, read the Acas guidance on job references.
Can an employer refuse to give a reference?
Generally, yes. In the UK an employer does not have to give a reference by law. The main exceptions, as Acas sets out, are where:
- the employer has agreed in writing to provide one, for example in an employment contract
- it was agreed in other circumstances, such as a settlement agreement
- the job is in a regulated sector, such as certain financial services roles regulated by the FCA or PRA
Many organisations have a policy of giving basic, factual references with dates and job title, nothing more. That is not a bad reference, and it should not be read as one. A refusal, like a reference, must not be discriminatory, or a way of punishing someone for raising a discrimination complaint.
This is general information, not legal advice. For your own situation, check the Acas guidance or speak to an employment adviser.
What this means when you are hiring
If a referee gives a short factual reference or declines, ask the candidate for another referee. RefAssure tells you when a referee has not replied after the full chase, so you can add someone new without losing days. See how it works.
About references
The questions employers and candidates ask most, answered plainly.
Can an employer give a bad reference?
Yes, as long as it is fair and accurate. A reference can show that someone is not suitable for a role, for example through a current, relevant disciplinary record or a documented performance issue. It must not be misleading, inaccurate or discriminatory. Read the full answer.
Can an employer refuse to give a reference?
Usually, yes. In the UK there is generally no legal duty to give a reference, unless the employer has agreed to in writing, such as in a contract or settlement agreement, or the role is in a regulated sector such as certain financial services jobs. A refusal must not be discriminatory. Read the full answer.
What can an employer say in a reference?
A basic reference confirms job title and dates of employment. A detailed one can cover skills, duties, performance, current relevant disciplinary records and the reason for leaving. Opinions should be backed by evidence, and the reference must follow discrimination law. Acas guidance on job references sets this out in full.
What do reference checks ask?
Usually dates of employment, job title, duties, reason for leaving, ratings for performance and reliability, any disciplinary or safeguarding concerns, and whether the referee would re-employ. Our free employment reference template covers all of these.
How long do reference checks take?
Chasing by hand often takes a week or more. With RefAssure the median time from request to a completed reference is about 23 hours, and half come back within a day. See how it works.
When should I ask for references?
Acas suggests asking at the final stage, usually alongside a conditional job offer, and with the candidate's permission. Asking a current employer too early can put the candidate in a difficult position.
Can a candidate see their reference?
A candidate can ask the referee or the employer who received it for a copy. If the reference was given in confidence, UK GDPR may mean they cannot see it. The Information Commissioner's Office (ICO) explains the right of access in detail.
Using RefAssure
How requests, reminders, alerts and templates work day to day.
What is RefAssure?
RefAssure is automated reference checking for UK employers, recruitment agencies, schools and care providers. It collects candidate consent, asks each referee, chases them by email and text and files a signed PDF report with a full audit trail.
Who is RefAssure for?
Anyone who checks references before hiring. It is built with care providers, schools and trusts, healthcare, recruitment agencies, warehouse and logistics and in-house HR teams in mind.
How does the automatic chasing work?
Each referee gets a request by email on day 0, plus a text if you give a mobile number. Reminder emails follow on days 2, 5, 8 and 12, with a second text on day 5. That is 5 emails and up to 2 texts over 12 days, and it stops the moment they submit. See the schedule.
What happens if a referee does not respond at all?
After the final reminder on day 12 you are told, so you can add another referee. You never have to wonder whether a reference has quietly stalled.
Do referees need to create an account?
No. Referees use a unique secure link with no login, on any phone, tablet or computer. They answer your questions and sign before submitting.
What if a referee replies by email instead?
It still counts. Replies sent by email instead of the form are captured against the right candidate and forwarded to you.
What if a referee's email bounces?
Most bounced requests are flagged within minutes, so you can correct the address or add a new referee. If the candidate's consent email bounces, you are told too.
Can I use my own reference form?
Yes. Upload it as a PDF or Word (.docx) file and RefAssure turns it into a template on your account in about 20 seconds. You check it before using it. Older .doc files need saving as PDF or .docx first. Get the free template if you do not have one.
Can I customise the questions?
Yes. Question types are short text, paragraph, yes or no, 1 to 10 rating, date and date range, with up to 25 questions per template and up to 10 templates per account. Five starter templates get you going: Basic, Standard, Comprehensive, Character and Performance.
Can my whole team use one account?
Yes. Add unlimited team members at no extra cost. Everyone shares one credit balance and sees every candidate in one dashboard.
Does RefAssure integrate with my ATS?
Not at the moment. Every completed reference is a PDF you can download and attach to any applicant tracking or HR system.
Pricing
Pay per reference, first one free, no monthly fee.
How much does RefAssure cost?
Your first reference is free. Then packs are 10 credits for £9.99 (99p each), 25 for £23.75, 50 for £45, 100 for £85 and 250 for £200 (80p each). There is no monthly fee and no contract. See pricing.
Is there a free trial?
Yes, in effect. Your first reference is free when you sign up and confirm your email address. No card is needed, and it includes the full chase sequence and PDF report.
Is VAT added to the prices?
No VAT is added. The price on the pricing page is the price you pay.
Do credits expire?
No. Credits never expire, so they wait in your account until your next hire.
When is a credit used?
One credit covers one referee and is used when the first request is sent. It includes every reminder and the signed report.
Compliance and data
Consent, hosting and the evidence regulated sectors need.
Does RefAssure collect candidate consent?
Yes. The candidate gives consent online, with a signature, before any referee is contacted. The consent is timestamped and appears in the audit trail on the report. More on candidate consent.
Where is my data stored?
RefAssure data is hosted in the UK. Referees answer through a unique secure link, and every action is logged with a timestamp. RefAssure is operated by RAD-EQUIP LIMITED, company number 12732628.
Does RefAssure help with CQC Regulation 19?
It helps you gather the evidence. Schedule 3 asks care providers to hold satisfactory evidence of conduct in previous care roles, and RefAssure collects written, signed references with a timestamped record, ready to show an inspector. Add the questions your sector expects to your template once. Care reference checks.
Does RefAssure support KCSIE safer recruitment?
It supports your safer recruitment process. KCSIE Part 3 expects schools to obtain references directly from referees and keep proper records. RefAssure contacts referees directly, never through the candidate, and documents every step. KCSIE references.
Does it work for NHS employment checks?
NHS Employers publishes the NHS Employment Check Standards, which include employment history and references. RefAssure lets you ask for dates, roles and conduct in a consistent format and files a timestamped PDF for each one. NHS reference requirements.
What is in the audit trail?
Timestamps for the candidate's consent, each request, every reminder and the completed reference, plus the referee's signature. It sits in the PDF report, so the evidence travels with the reference.
Related guides
Never chase a referee again.
Your first reference is free. Two minutes to send, and RefAssure does the rest.