Reference Policy
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1. Introduction
The provision of references is a common activity within the HE environment, whether for past or current students or members of staff. Care needs to be taken in the writing of such references, and this Policy outlines the basic requirements that must be observed.
1.1This Policy applies to all University staff.
1.2References can be provided on either a professional or a personal level, and the reference itself should clearly identify which is being offered. A personal reference must not be given on University letterhead, and should not be provided from a University email address.
1.3Information about staff/students can be disclosed in response to reference requests provided that there is a reasonable degree of satisfaction that it is the subject’s wish. If there is any doubt as to the authenticity of a reference request, its validity should be checked with the subject. Unsolicited references (e.g. addressed either to the University or “to whom it may concern”) should be restricted to statements of public fact.
2. Authorship of References
2.1References provided in respect of a current or previous student or member of staff should be given by someone who has had direct contact with the subject. Where this is not possible, references will need to be limited to information contained within the individual’s records.
2.2References about current or former members of staff which are provided in a professional capacity may only be given by individuals who are either on the same or a more senior grade than the subject of the reference.
2.3If a member of staff is not willing or able to provide a reference on request, any refusal must be carefully conveyed in order to avoid implying a negative reference. Where possible, this should be pre-empted by speaking to the subject before being nominated.
3. Content of the Reference
3.1When writing references, there is a duty of care to the subject of the reference and to the receiving party to ensure that references are true, accurate and fair, and that they do not give a misleading impression. This duty applies to the reference as a whole and not merely when individual sentences are taken out of context.
3.2Members of staff providing professional references have a duty of care to the University, as the institution may be held liable for a negligent reference.
3.3References may only provide information which is relevant, reasonable, and which the referee is qualified to supply. Expressions of fact or opinion should be clearly differentiated.
3.4Remarks may be qualified if necessary, e.g. “To the best of my knowledge...”.
3.5Information about “sensitive personal data” cannot be provided without the subject’s explicit consent. I.e. their awareness that ‘any’ or ‘all’ information may be disclosed is insufficient, and their explicit consent must be given for the disclosure of this particular information. This includes information relating to:
a)racial or ethnic origin;e)physical or mental health;
b)political opinions;f)sexual orientation;
c)religious beliefs;g)criminal offences.
d)trade union activities;
3.6If requested, the number of sick days can be confirmed but the reasons for such absence cannot be provided without the subject’s explicit consent, as 3.5 above.
3.7Statements should be evidenced where possible, and negative statements should be substantiated.
3.8A reference should clearly specify the basis on which it is being provided, to include:
- the referee’s relationship with the subject;
- the length of that relationship;
- the capacity in which the reference is being provided;
- the date of writing the reference.
3.9The University does not require a standard disclaimer to be included on references. They do not negate the duty of care mentioned above, and may give the impression of the University distancing itself from the subject and the referee.
3.10Any subsequent challenges over the content or accuracy of references must be brought to the immediate attention of the respective Dean or Director.
4. Oral References
4.1Oral references should be resisted where possible, but may be given if absolutely necessary. There is a risk that oral referencesmay be misheard, misinterpreted or transcribed incorrectly. If an oral reference is necessary and is in the subject’s best interests, itmust be followed up in writing as soon as possible and must accurately reflect the content of the oral reference. The written representation of the oral reference must be retained as in 6.1 below. The identity of a requestormust be verified by phoning an organisation back through their main switchboard.
4.2Where references are concerned, there is no such thing as an “off-the-record chat” with the receiving party.
5. Subject’s Right of Access
5.1Under the Data Protection Act 1998, an individual may ask the receiving organisation for a copy of any references written about them. References must not include any information which cannot be adequately defended if challenged by the subject.
5.2University students or staff wishing to access copies of references about them should contact the University Secretary’s Department.
6. Retention of Records
6.1Copies of references provided by members of staff should be retained for 12 months and then appropriately destroyed. Unless Schools/Departments specify that copies of references are to be retained in a central location, the individual providing the reference would be expected to keep a copy for the duration specified above.
7. Requesting References
7.1The University may request references in relation to recruitment, selection or appointment activities. This must always be done with the full knowledge of the individual concerned.
7.2Information requested through references must be adequate, relevant and not excessive for the particular purpose.
7.3If references seek information about “sensitive personal data”, as detailed in 3.5 above, the subject’s explicit consent for the disclosure of such information must accompany the reference request.
7.4When requesting references, no assertion should be made as to their confidentiality. It is recommended that reference requestsinclude a statement such as “Referees are reminded that the subject of this reference may be entitled to receive a copy of it under the provisions of the Data Protection Act 1998”, whether on a template form or cover letter.
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