The question on social media has been asked on what absence can be shown on a job reference from a former employer?
What may be good, as part of the answer, is to cover general principle of what a reference can or cannot be and where it stands with regard to potential areas of discrimination or other questionable practice.
References – the basics
Where provided by an employer, the reference must be accurate and fair. The employer decides how much or how little information is included.
What a reference says
A work reference is sometimes called a factual reference. They can be basic or detailed.
Basic reference
A basic reference provides a short summary of employment.
For example:
- job title and
- the dates employed.
This form of reference is a standard practice for some employers who will provide no further information regardless of requests from a new employer.
Detailed reference
A detailed reference may include:
- the job title
- dates of employment
- details about skills, ability and experience
- relevant disciplinary records
- reasons for leaving
So what about sickness and absence?
A reference can include a sickness or absence record, however, it is subject to it not breaching discrimination law.
It should not include any absences relating to:
- disability
- parental rights (such as maternity or paternity leave)
References and Right to work
So can Employer use the basis of a reference as sufficient evidence of a right to work, after all, if they worked for them that must show they are OK to employ!
A reference is not a substitute for checking if someone has the right to work in the UK. The new employer must comply with Home Office checking requirements and retain a copy of the evidence provided indicating a right to work in the UK.
ACAS template
ACAS who provide guidance to employers and employees on employment right matters provide a reference template that could be used:
Use the ACAS reference request template
What can a reference not say
A reference must not:
- mislead
- include irrelevant personal information
All details about the person, their role and performance is required to be accurate and fair.
If an opinion is given, evidence for that opinion should be provided.
References should not mention details of:
- any adjustments – for example reasonable adjustments for a disability
- absence records – in relation to disability, adoption, maternity or paternity leave
- disciplinary records or any investigations – unless this is recent and relevant
Avoiding discrimination in references
An employer must comply with discrimination law when either providing, requesting or checking references.
They must not disadvantage an applicant because of any of the following ‘protected characteristics’:
- age
- disability
- gender reassignment
- marriage and civil partnership
- pregnancy and maternity
- race
- religion or belief
- sex
- sexual orientation
The employer giving the reference does not include information that could be used in a discriminatory way.
PAYadvice.UK 13/5/2025