A request for an employee reference can look straightforward, particularly when someone only asks you to confirm a job title and dates. But what you write may influence another employer’s decision and the employee’s next opportunity. For a small charity or social enterprise, a consistent approach helps you respond promptly and fairly without relying on one manager’s memory.
This guide covers when you need to provide a reference, what it can say and a practical way to draft one. It also explains why a short factual reference is often useful, and when a more detailed response needs extra care.
Do you have to give an employee a reference?
In most cases, there is no general legal duty to give a reference. You may, however, have agreed to do so in an employment contract or settlement agreement. Some regulated financial services roles have separate requirements. Check what your organisation has promised before responding.
Many employers use a standard factual reference confirming the job title and dates of employment. If your policy limits who can issue references or what can be included, follow it consistently. A charity might also receive requests about former volunteers: make clear whether you are confirming volunteering rather than employment.
What can you legally say in a reference?
A reference must be accurate and fair and must not give a misleading impression. You can choose a basic or more detailed format, but check every statement against reliable records. A detailed reference may describe duties, skills, performance, relevant recent disciplinary information and the reason for leaving where appropriate.
Being kind does not mean describing someone as excellent when your records show serious, relevant performance concerns. Equally, do not turn an isolated disagreement or an unproven allegation into a damaging statement of fact. An inaccurate or misleading reference may expose the organisation to a claim from the former employee or, in some circumstances, the prospective employer.
Avoid irrelevant personal information, including protected characteristics, reasonable adjustments and disability-related or family leave absence. Take particular care with health and absence details and share only what is necessary and lawful. A reference is a professional assessment of relevant work facts, not a place to recount everything in a personnel file.
Can an employer give a bad reference?
Yes. A reference can include unfavourable information if it is fair, accurate and relevant. For example, a recent, relevant disciplinary outcome may be appropriate in a detailed reference. Any fact should be supported by evidence, and an allegation that was not upheld must not be presented as fact.
Check the wording and overall impression carefully, including any reference agreed as part of a settlement.
Some employers provide only factual references as a standard policy. Others may decline a request where they have no obligation to respond. Whichever approach you take, apply it consistently and check for any contractual or regulatory requirements. A detailed reference must not be misleadingly positive or negative, discriminatory, or used to penalise someone for raising a protected concern.
What should a reference include?
For a basic work reference, the employee’s name, job title and employment dates may be enough. If the organisation provides detailed references, you might also include a short description of responsibilities and specific, evidenced achievements or relevant performance. Keep the content proportionate to the request and to the facts you can verify.
A character reference is different: it explains how the writer knows the person and describes personal strengths they have directly observed. If a manager writes one personally, make it clear whether they speak as an individual or on behalf of the organisation, and check the organisation’s reference policy first.
How to write a reference for an employee
- Verify who is requesting it, what role it relates to and where the reply should go. Send information securely.
- Where needed and not done so already, seek consent from the employee as you are sharing their personal data with another organisation
- Check your policy, any contractual commitment and whether an agreed reference already exists.
- Confirm job title, dates and relevant facts against the personnel file rather than memory alone.
- Decide whether a factual or detailed reference is appropriate under your usual practice.
- Draft in measured language; distinguish documented facts from supported opinions.
- Have an authorised colleague check sensitive or detailed wording, then retain the request and a copy of the reply securely.
If a request asks you to comment on something sensitive that your standard policy does not cover, pause and seek advice rather than answer informally by phone. A verbal reference can cause the same problems as a written one.
A simple reference letter structure
A reference does not need to be long. Use this outline as a starting point and adapt it to your policy and the information you can verify:
Dear [name],
I confirm that [employee] was employed by [organisation] as [job title] from [start date] to [end date].
Their main responsibilities included [brief, verified description, if providing a detailed reference]. [Include a balanced, evidenced comment on relevant skills or performance only if appropriate under your policy.]
This reference is provided in response to your request dated [date]. Please contact [authorised contact] if you need clarification.
Yours sincerely, [name and job title]
If you issue factual references as standard, omit the responsibilities and performance sentence.
Common mistakes to avoid
- Writing from memory or allowing an unauthorised manager to respond without checking records.
- Exaggerating praise or presenting an opinion as an established fact.
- Mentioning an allegation, old disciplinary matter or personal information that is not relevant to the role.
- Sharing disability information, reasonable adjustments or protected family leave details.
- Forgetting that a phone call is also a reference, or failing to keep a record of what was said.
A consistent references policy makes these decisions easier. If your process has grown informally over time, Roots HR can help you review your HR policies and processes.
For the wider steps involved when someone leaves, you can also request our free Managing Leavers toolkit. Our toolkits are currently being reviewed for Employment Rights Act changes, so check current requirements when using them.
Frequently asked questions
Do you have to give an employee a reference?
In most UK roles, an employer does not have a general legal duty to provide a reference. Check whether you have promised one in the employment contract or a settlement agreement, or whether a regulator requires one for the particular role. If your organisation normally provides only a basic factual reference, explain that this is your usual approach and apply it consistently. Even when there is no duty to respond, a clear policy helps managers know who may issue references and prevents different employees from receiving different treatment without good reason.
What should be included in a reference letter?
A basic factual reference commonly confirms the person’s job title and dates of employment. If your policy allows a more detailed response, you may also describe their main responsibilities, relevant skills and evidenced achievements. Keep the information proportionate to what the prospective employer has asked for and check it against your records. Avoid irrelevant personal information or comments about protected characteristics. If you are writing about a volunteer or providing a personal character reference, make that relationship clear so the recipient does not mistake it for an employment reference.
Can you refuse to give an employee a reference?
Generally, yes, unless a contract, settlement agreement or relevant regulatory rule requires you to provide one. Before declining, check whether your organisation has a policy or has made a specific commitment to the employee. Apply the same approach to comparable requests so a refusal is not discriminatory or retaliatory. If you cannot provide a detailed reference, a short factual confirmation of role and dates may be a useful option, provided those details are accurate and you are authorised to give it.
Need support with employee references?
A reference request can be difficult to answer when it involves performance concerns, a disciplinary history or wording agreed when someone left. Smaller social sector organisations may not have a dedicated HR team to check the response before it is sent.
Roots HR offers practical, people-focused advice to help you write references that are fair, accurate and consistent with your organisation’s policy. We can also help you review your reference process and wider HR documentation.
As part of our social impact commitment, eligible social sector organisations can access up to one hour of free HR consultancy. You could use that time to:
- Talk through a difficult or sensitive reference request.
- Review the wording of a draft reference.
- Check who should provide references on behalf of your organisation.
- Explore whether your policy and templates need updating.
Our consultants can help by phone, email or Microsoft Teams, and you can take the hour in one session or split it into shorter conversations.
If you would like support with a reference or your organisation’s approach to HR documentation, book your free HR consultation with Roots HR. We would be pleased to help. This article is general guidance; seek specific advice on a sensitive or disputed reference.
