References: What Employers Can and Cannot Say

Staff rights & career · Published 16 August 2026 · Last updated 16 August 2026

Does my employer have to give me a reference?

In most jobs, no. There is no general legal duty on an employer to provide a reference for a current or former member of staff, however long you worked there. A small number of exceptions exist, for example in some financial services roles, and an employer may be contractually bound to provide one if a settlement agreement says so.

Social care sits in a special position. Because of safer recruitment rules, a care provider recruiting you is required to check your character and conduct. Under regulation 19 and Schedule 3 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, CQC-registered providers must obtain satisfactory evidence of your conduct in previous health or social care employment, and the reason you left any job that involved working with children or vulnerable adults. Similar expectations apply in children's services and are inspected by Ofsted. In practice, this means your previous care employers will be asked for a conduct reference, and regulators expect providers to respond, so an outright refusal to say anything at all is unusual in this sector.

If a reference is given, it must be accurate and fair

The key legal protection comes from the House of Lords decision in Spring v Guardian Assurance plc [1995]. An employer that gives a reference owes you a duty of care. The reference must be:

• true and accurate in its facts
• fair overall, not giving a misleading impression through selective or one-sided content
• based on matters the employer has reasonable grounds to believe, not rumour or unresolved suspicion presented as fact

If a careless, inaccurate or misleadingly unfair reference costs you a job, you may be able to claim compensation for negligent misstatement. The same duty of care is owed to the recruiting employer, which is why sensible referees stick to what they can evidence.

What employers can legitimately include

• Factual details: your dates of employment, job title and duties. Many employers now give short, factual-only references as a matter of policy, and that is lawful.
• Performance and conduct: opinions are allowed if honestly held and based on accurate facts, for example a recorded disciplinary outcome.
• Disciplinary and safeguarding matters: concluded findings can be mentioned if accurate. Live, uninvestigated allegations are dangerous territory for a referee and should not be presented as established fact. In safer recruitment, however, employers are expected to answer honestly when asked about conduct, safeguarding concerns and reasons for leaving, so serious concluded matters may lawfully appear.
• Sickness absence and health: asking about health before a job offer is restricted by the Equality Act 2010, and references should not be used as a back door to health information. Disability-related content can amount to discrimination.

What employers cannot do

• Give a reference they know to be false or misleading. This could also mislead the new employer and, in a care setting, put people at risk.
• Use a bad reference to punish you for raising a discrimination complaint or whistleblowing. Post-employment victimisation is unlawful under section 108 of the Equality Act 2010, and detriment for protected disclosures is also unlawful.
• Deliberately give a glowing reference that conceals known safeguarding concerns. In safer recruitment this can have serious consequences for the referee.

Can I see what was written about me?

Data protection law gives you a right of access to your personal data, but there is a specific exemption for confidential employment references in the Data Protection Act 2018, which can apply both to the employer that gave the reference and the one that received it. In practice, some employers will still share references on request, and inaccurate personal data can be challenged under UK GDPR accuracy rules, so it is always worth asking.

If a reference is holding you back

1. Ask the new employer what the concern is. They do not have to tell you, but many will give an indication.
2. Ask your former employer, in writing, to review or correct the reference, setting out the facts you say are wrong.
3. Consider offering alternative referees, such as a previous manager who knows your work well.
4. Get advice on legal options: negligent misstatement, victimisation or discrimination claims all have strict time limits.

Where to get help

• Acas helpline on 0300 123 1100 for advice on references and job offers withdrawn after a reference, or see the references guidance at acas.org.uk.
• Your trade union, which can challenge an unfair reference on your behalf and support you in any settlement negotiation over an agreed reference.
• Citizens Advice for free help understanding your options.
• A solicitor if a misleading reference has cost you a job, as negligence and discrimination claims can be complex.