Make a job offer and pre-employment checks

References

The most common check is a job reference, in writing or by telephone. Job candidates must agree before any referees are contacted. Except for certain employers in the financial services sector, employers aren't obliged to give references.

When should I obtain a reference?
You can take up references at any point in the recruitment process. However, many applicants would prefer you to contact their current employer after a conditional offer is made. See our guide on recruiting and interviewing.

If you make a conditional offer, you need to put in the offer letter words such as "I am pleased to offer you the post of ……………, subject to receiving satisfactory references". However, if you then withdraw the offer, you risk a claim for breach of contract.

Obtaining written references
The easiest way to obtain references is to provide a form. For example:

• When was the candidate employed by the organisation?
• What was their job title?
• What were their main duties?
• How many days of sick leave did they take?
• Were they subject to disciplinary action, and if so, why?
• Were they reliable, honest, hardworking etc ?
• Are there any reasons why they should not be employed?

Obtaining telephone references
Extra detail can be revealed on the telephone through the speaker's tone and manner. It's usually better to write to the referee first so they:

have time to prepare
are not reluctant to reveal information because they've had no previous contact with you
If you have any doubts about whether a telephone reference is genuine, ring back to check the referee's identity.

Are references confidential?
Employees generally do not have the right to see a job reference written about them by their current employer.

However, they may be able to gain access to the reference:

if they take legal action, eg a sex discrimination claim - see our guide on how to prevent discrimination and value diversity
once they start work for a new employer
You should never assume a reference will stay confidential.

Keep in mind that an individual may also be able to access notes made about them during a telephone reference.

Subjects covered in this guide

• Introduction
• Make the decision
• Making the offer
• References
• Health checks - when are they appropriate?
• Checking qualifications
• Work with at risk adults and children
• Applying for a criminal records check
• Withdrawing job offers where checks are not satisfactory
• Pre-employment checks - data protection issues