Factual employment reference letter
A short, accurate reference confirming dates, role and reason for leaving, with a standard disclaimer.
A former employee or their prospective employer has asked for a reference. You do not have to give one, but if you do, it must be true, accurate and fair. Most employers now give a factual reference: dates, title, duties, reason for leaving. Say only what you can evidence.
Before it goes
- Your policy says who gives references and what they contain, and this follows it.
- The facts match the personnel file: start date, end date, job title, reason for leaving as recorded.
- You have the former employee's consent, or the request comes from them or with their authority.
The letter
Filling it in
- Reason for leaving
- As recorded. If they were dismissed, "dismissal" is accurate; the reason behind it is usually left out of a factual reference. Do not write "resignation" for a dismissal to be kind; that is misleading.
- Duties
- Facts from the job description and the file, not an assessment.
What the law says
- Duty of care (Spring v Guardian Assurance; Bartholomew v Hackney LBC): a reference must be true, accurate and fair, and must not give a misleading overall impression by selective disclosure.
- UK GDPR: a reference is personal data; give it only for the purpose requested and record what was sent.
- Equality Act 2010 s.108: post-employment discrimination or victimisation, including in references, is unlawful.
What turns this letter into a claim
- Do not include opinions, unless your policy allows fuller references and you can evidence every one.
- Do not mention sickness absence, grievances, or anything that could touch a protected characteristic.
- Do not give a glowing reference to someone you dismissed for dishonesty. If it is untrue and the new employer relies on it, you can be liable to them.
Questions people ask
Do I have to give a reference?
Generally no, unless the contract promised one, a settlement agreement requires one, or the sector is regulated. If you give one, it must be accurate. If you refuse, refuse everyone in the same circumstances; a refusal for one person can be victimisation.
Can I mention a disciplinary warning?
A live warning that the employee knew about, recorded on file, can be disclosed if your policy allows and the reference remains fair overall. Expired warnings, and allegations never put to the employee, should not appear. Most employers avoid the whole area with a factual reference.
Can the former employee see the reference I gave?
From the recipient, often yes under a subject access request, though there are exemptions. Write every reference on the assumption the subject will read it.
The letter, with the names already in
Employ AI drafts letters like this one from the employee's record, so the dates, service and pay are already right, and the disciplinary module writes the invitation and outcome letters from the case itself. All 44 letter families, 49 UK policies, GPS clock-in, rotas, leave and timesheets: £2.50 a month plus £1 per employee. 14 days free, no card.
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