Hiring and probation

Reference request to a previous employer letter

Asks a former employer for a factual reference, with the candidate's consent stated.

The offer letter made references a condition. Send this to the referees the candidate named, with the candidate's permission recorded, and ask specific factual questions rather than an open "what did you think of them".

Before it goes

  • Candidate has given consent and the referee's details in writing (the acceptance of the conditional offer usually covers this).
  • You have decided what you actually need to know: dates, role, reason for leaving, attendance, any live disciplinary matter, would they re-employ.

The letter

[COMPANY NAME] [COMPANY ADDRESS] [DATE] [REFEREE NAME] [REFEREE COMPANY] [REFEREE ADDRESS] Dear [REFEREE NAME], Reference request: [CANDIDATE NAME] [CANDIDATE NAME] has applied to us for the position of [JOB TITLE] and has given your name as a referee. We have their written consent to approach you. We would be grateful if you could confirm the following: 1. The dates [CANDIDATE NAME] was employed by you, and their job title(s). 2. A brief description of their main duties. 3. Their reason for leaving, if known. 4. Their attendance and timekeeping record, and the number of days of sickness absence in the last 12 months of employment, if you hold this. 5. Whether there were any live disciplinary warnings at the time they left. 6. Whether you would re-employ them. The role involves [ONE LINE ON THE ROLE, e.g. working unsupervised on customer sites / handling cash / driving company vehicles], so any comment on suitability for that would be welcome. Any information you give will be treated as confidential and used only for the purpose of considering this application. A reply by email to [EMAIL] would be fine, or by post to the address above. A prepaid envelope is enclosed. Thank you for your help. Yours sincerely, [MANAGER NAME] [JOB TITLE] [COMPANY NAME]

Filling it in

Questions
Ask for facts. Many employers now give dates-and-title references only; asking specific questions gets you more than "were they any good".
Sickness question
Ask about attendance after the conditional offer, not before, and only where relevant. Use the answer for planning, not for withdrawing the offer on grounds that could relate to disability.

What the law says

  • UK GDPR and Data Protection Act 2018: a reference is personal data; process it for the stated purpose and keep it no longer than needed.
  • Employment Rights Act 1996 s.1 conditions: a conditional offer can be withdrawn where a stated condition is not met.
Guidance, not legal advice. Employment law moves; check the current position before relying on any of it, and take advice on anything that could end someone's employment.

What turns this letter into a claim

  • Do not approach a current employer before the candidate has said you can. People lose jobs that way.
  • Do not withdraw an offer on the basis of a reference you have not put to the candidate. Give them the chance to explain.

Questions people ask

Can a previous employer refuse to give a reference?

Yes, unless a contract or regulatory rule requires one. Many will confirm dates and title only. If you get nothing, ask the candidate for another referee.

Can I see a reference the candidate asked me to show them?

A reference you receive about someone is generally exempt from their subject access request while you hold it as the recipient. Take advice before disclosing it; the giver's confidentiality matters too.

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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