Reference - How to write a

Why is it important?

In most organisations all requests for employment references will be channelled through the HR department. While HR may not always know the individual personally, HR is relied on as the central repository for employee information, such as dates of employment, career history and record of absenteeism.

As you progress up the career ladder it is inevitable that you will be called upon to write a reference at some stage, so it makes sense to become accustomed with what is needed.

While writing a reference is not rocket science, there are serious legal risks if you get it wrong. An individual falsely portrayed in a negative light because you haven't double-checked your facts could commence proceedings against you for defamation of character or for slander.

Equally, bear in mind that a glowing reference for an individual who then doesn't live up to expectations could also result in you being sued for damages by their subsequent employer.

An inaccurate and unfair reference not only reflects poorly on the person who has written it, but by extension the company they work for. However, adhering to some standard guidelines should keep you on the right side of the law and avoid complications.

Where do I start?

A job reference basically provides confirmation that the individual was employed for the period they claim and the nature of the employment performed during that time. A standard format for the company reference ought to be agreed, as well as the key information it will contain and who has the authority to write them. This policy must then be rigidly adhered to.

Managers should be completely honest about the contents of the reference, and should ensure that all information is thoroughly corroborated. Generally, employers will voluntarily write a positive reference stating that the employee had a favourable work history with their organisation, and that they are unable to cite any reasons why they would not be a reliable employee in the future.

There are two other main kinds of references: a 'neutral' one, which details information such as start and finish dates, position and responsibilities, and reason for leaving, but which largely leaves it up to prospective employers to form their own conclusions about the individual. There are also negative references, which give the reason why someone left.

Include a disclaimer

References should include a disclaimer, which says that the organisation providing the reference will not accept liability for any action taken by the former employee based on the reference provided.

"All references should include a disclaimer, but many companies are failing to do this," says Kate Taylor, senior consultant at Right Management.

"Companies need to agree a standard wording for the disclaimer in advance and ensure this is checked by their legal advisers."

Compromising positions

If the employee leaves because of a disagreement with a boss, they may negotiate a compromise deal that may extend to the wording of any reference.

"Often when an employee leaves the employment of an organisation through a compromise agreement, the exact wording of the reference will be confirmed at that time," explains Taylor. Employers should honour such agreements or else could face legal action.

Personal experience

In some instances, a more personal reference is requested as an indication of a person's suitability for a particular job.

Unless this person is a close colleague working in the HR department, you will need to consult with a line manager who has worked directly with the person concerned, agree the wording with them and decide whose signature will be used.

Verbal warning

HR professionals should be wary of any requests for verbal references. Telephone chats used to be common practice years ago but the litigious climate we now live in means it is advisable to commit everything to paper. If you are coerced in to giving information on the telephone, make a written transcript of what you say immediately afterwards or, better still, tape the conversation.

If you only do 5 things

1. Have a clear policy on the reference format and information it will contain.
2. Check your facts are 100% accurate.
3. Bear in mind the employee can ask to see the reference.
4. Ensure the reference carries a standard disclaimer.
5. Refuse any request for a verbal reference over the telephone.

For more information

Books: Employment Law by Malcolm Sargeant, David Lewis. Pearson Education, £33.99, ISBN 1405807431

Websites: Tack International

Article: CIPD factsheet

Reference checks

Expert's view: What type of reference is currently most popular?

Increasingly, we're seeing short, factual references being provided to future employers rather than more detailed information about the employee. One of the reasons that references are now so short is that employees can request to see their reference at any time and the ex-employer could be held liable for defamation of character.

What is an employee's legal right when it comes to seeing a copy of the reference?

An employee can request to see their personal file at any time - this type of request by employees has contributed to the current trend towards the development of short, factual references with clear disclaimers.

What's your advice to someone writing a reference for the first time?

Agree a standard format for the company's reference, the key information to be given and the standard disclaimer, and ensure this is used consistently throughout the company from that point onwards.

What are your three top tips?

• Check all data on an individual held on the organisation's employee database.
• If easily accessible, check a personnel file for any additional documentation not held on the database.
• Agree standard wording for all references with your legal advisers and use consistently throughout the organisation.

Kate Taylor is senior consultant, Right Management