The calls usually came mid-morning. A friendly, fast recruiter would ask whether I could confirm a few things about someone who had left. In more than twenty years in HR across banking and insurance, I took a great many of those calls, and my answer was almost always the same: dates, job title, and nothing more.
The person on the other end often sounded disappointed. However, the person being asked about is probably relieved.
There Is Usually No Duty to Give One
In the UK, an employer doesn’t have to give a reference by law. Exceptions include when a reference has been promised in writing, for example in an employment contract, when agreed specifically, such as in a settlement agreement, and for certain jobs in regulated financial services. Many people assume a reference is a right. In most cases, it is a courtesy.
If They Give One, It Must Be Fair
Once an employer does give a reference, the rules tighten. Acas, the UK’s workplace advisory service, says a reference must be accurate, fair, and must not be misleading. That principle dates back to the 1994 House of Lords case Spring v Guardian Assurance, which established that an employer owes a duty of care to the former employee, not just to the new employer. A reference can still be unfavourable, but only if it is true and fair. It also cannot mislead by leaving out something important. Because that duty runs in both directions, the HR teams I worked in read every word twice.
Why Most References Say So Little
After that case, many employers decided the safest reference was the shortest one. ACAS calls it a basic or factual reference: a summary, such as your job title and the dates you worked there. In my experience, this was usually a policy decision, with every request routed through HR. A short reference is rarely a hidden criticism. More often, it is a legal department sleeping soundly.
The Exception I Knew Best
Financial services works differently, and I took this part of my job most seriously. Under the UK’s Senior Managers and Certification Regime, a firm hiring someone into certain regulated roles must ask for references covering the past six years. The firm requesting the reference must disclose anything it reasonably considers relevant to whether the person is fit and proper, including disciplinary action for breaching conduct rules, and all cases of serious misconduct whenever they happened. Since April 2026, firms are to provide these references within four weeks, down from six.
Can You See What They Wrote?
Not always. Under UK data protection law, you can usually ask an organisation for the personal information it holds about you. However, the Information Commissioner’s Office confirms an exemption for references given in confidence, and whether the organisation gave the reference or received it.
For Readers in the United States
In the US, no federal law intervenes in what an employer can say in a reference. Many employers confirm only dates and job title, which is entirely legal, and many state laws protect employers who answer reference checks in good faith, although that protection is not unlimited. A few states go further and require employers to provide a letter confirming someone’s service.
What I Would Do Before Leaving
If I were leaving a job tomorrow, I would ask before my last day who will handle my reference and what it will include, and I would keep a written note of my dates and job title. If there had been a dispute, I would want the wording of any reference agreed as part of the exit, which is exactly what settlement agreements often include. A reference is one of the few things about a job that follows you out of the door. As I wrote in ‘Ten Jobs in Ten Years, Or The Ladder You Build Yourself ‘. It helps to know what travels with you.
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This is editorial commentary for information and education only. It is not financial, investment or professional advice, and nothing here is a recommendation to buy or sell any investment. The Jacqueline Brand is not authorised or regulated by the Financial Conduct Authority. The value of investments can fall as well as rise, and past performance is not a guide to future returns. Figures were correct at the time of publication. Always do your own research and consider speaking to a regulated adviser.
