An employer does not have to give a reference by law unless it is in writing that the employer will provide one, for certain financial services jobs, or agreed in some other circumstances. If an employer gives a reference it must be accurate and fair. This guide covers what a reference can say, how to see yours, and what to do if a reference costs you a job.
Key points
✓An employer does not have to give a reference by law unless it is promised in writing, required for certain FCA or PRA regulated jobs, or agreed in some other circumstances such as a settlement agreement.
✓If an employer gives a reference it must be accurate and fair, and the employer can decide how much information they include.
✓References must not be misleading or include irrelevant personal information.
✓A reference given in confidence is exempt from the right of access, whether it is held by the company that gave it or the one that received it.
✓A settlement agreement can include an employment reference, so the wording can be agreed in writing.
Does your employer have to give you a reference?
Acas says an employer does not have to give a reference by law unless it is in writing that the employer will provide one, for example in an employment contract, for certain financial services jobs regulated by the FCA or PRA, usually jobs known as controlled functions, or agreed in some other circumstances, for example as part of a settlement agreement.
An employer must give a reference only if:
✓Yes: It is in writing that the employer will provide one, for example in an employment contract
✓Yes: It is for certain financial services jobs regulated by the Financial Conduct Authority (FCA) or Prudential Regulation Authority (PRA)
✓Yes: It was agreed in some other circumstances, for example as part of a settlement agreement
Under the FCA Handbook, a firm must provide a reference to another firm as soon as reasonably practicable if that firm is considering appointing someone to perform a controlled function and requests one. If an employer has a reference policy this can restrict how much they include in a reference and who can give a reference on the employer's behalf. Some employers only give basic references.
What can an employer say in a reference?
If an employer gives a reference it must be accurate and fair. The employer giving the reference can decide how much information they include.
A detailed work reference can include:
✓Yes: The employee's job title and dates of employment
✓Yes: Details about their skills, ability and experience
✓Yes: Any current, relevant disciplinary records
✓Yes: The reasons for leaving the job
✓Yes: A sickness or absence record, but an employer must follow discrimination law
A basic work reference is a short summary of employment, for example the employee's job title and the dates they worked there, sometimes called a factual reference.
What an employer cannot do in a reference
References must not:
✗No: Be misleading
✗No: Include irrelevant personal information
✗No: Include information that could be used in a discriminatory way, including disclosing any protected characteristics
References should not include details of:
✗No: Any adjustments, for example reasonable adjustments for a disability
✗No: Absence records in relation to disability, adoption, maternity or paternity leave
✗No: Disciplinary records or any investigations, unless this is recent and relevant
All details about the person, their role or performance must be fair and accurate. If opinions are provided, there should be evidence to support the opinion. As long as a reference is fair and accurate, it can show that you are not suitable for a job.
Can you see your reference?
Seeing your reference:
Acas says you can ask either the person who gave the reference or the person who received it, and that it is a good idea to make the request in writing
The employer might have provided the reference in confidence, which under UK GDPR means you might not be able to see it
The ICO says the confidential references exemption applies whether the reference is in the hands of the company that gives it or the one that receives it
A subject access request must be answered without undue delay and at the latest within one month of receipt, which can be extended by a further two months in some cases, and in most cases there is no fee
What if a bad reference costs you a job?
No matter what is in the reference, it cannot be misleading, inaccurate or discriminatory. For example, a reference saying you were investigated for stealing at work, when the investigation found you did not steal, could be misleading.
If you get a bad reference, Acas suggests:
You can try to speak directly with the person hiring you: ask about their concerns with your reference and address them, for example by showing evidence if your reference was misleading or inaccurate
You can offer to get other references or discuss having a probationary period
If the job offer is withdrawn, ask the reference giver to check that the reference is fair and accurate
If you cannot get a reference, you can ask the employer whether they will accept one from someone else, from a different employer, or a personal or character reference
Steps to take if you believe your reference was unfair
1
Find out what was said
Ask either the person who gave the reference or the person who received it, ideally in writing for example in a letter or email. A subject access request must be answered at the latest within one month of receipt, and in most cases no fee can be charged.
2
Check it is fair and accurate
If an employer gives a reference it must be accurate and fair. Compare what was said with your records.
3
Speak to the new employer
The recruiting employer should discuss anything they are unsure about in the reference with you before withdrawing a job offer.
4
Ask the reference giver to check it
If the job offer is withdrawn, you should ask the reference giver to check that the reference is fair and accurate. You can consider making a complaint if an employer refuses a request to see a copy of a reference and there is no other legitimate reason for the job offer being withdrawn.
5
Consider an employment tribunal claim
Acas says time limits for making a claim to an employment tribunal have increased to 6 months, and that this change happened on 1 October 2026. The previous time limit was 3 months, and if a problem at work started before 1 October 2026 the 3-month limit might still apply. Our employment tribunal guide explains how a claim works.
Settlement agreements and reference clauses
A settlement agreement is in writing, legally binding and voluntary. It can include a financial payment and an employment reference, and it can be used to agree a job reference. Our settlement agreements guide covers what they include.
An employer does not have to give a reference by law unless it is agreed in some other circumstances, for example as part of a settlement agreement.
You can ask either the person who gave the reference or the person who received it. The employer might have provided the reference in confidence, which under UK GDPR means you might not be able to see it. The ICO says the confidential references exemption applies to the reference regardless of whether it is in the hands of the company that gives it or receives it.
What should I include in a settlement agreement reference clause?
A settlement agreement can include an employment reference, and it can be used to agree a job reference. It is in writing, legally binding and voluntary.
Know Your Rights UK. "Employment References: What Employers Can and Can't Say." Know Your Rights UK, https://www.knowyourrightsuk.com/employment/references