Reference Checks

Candidates need to give their consent to your obtaining information from referees. Be aware that previous employers do not have to provide you with any references (except for certain employers in the financial services industry). Employers are not able to provide you with just any information on your candidate as some disclosures will be against the law and may contravene Data Protection polices.

Ask referees for simple relevant facts on the candidate such as:

• From when and until when was he or she employed?
  
• What was their job title and job description?
  
• What were their main responsibilities/work objectives?
  
• How many days of sick leave did they take?
  
• Were they subject to any disciplinary action?
  
• What was their reason for leaving?

If you make an offer of employment to a candidate subject to a reference check and the reference proves to be unsatisfactory or is refused and you subsequently withdraw the offer you could face legal action from the applicant for breach of contract. This is why you should take great care in explicitly including your right to withdraw the offer of employment, subject to unsatisfactory references, in the contract of employment and written statement.

The CRB

The Criminal Records Bureau

Certain employers have the right to request information about prospective employees concerning these individuals’ criminal history. Keep in mind that not all employers have the legal right (it mainly applies to employers who seek to employ people to work with children or vulnerable adults, or to work with sensitive or highly confidential information).

The Criminal Records Bureau offers two levels of check to employers who have registered with it:

Standard disclosure

Which gives details of any spent or unspent convictions, cautions, police warnings, or reprimands held at a national level.

Enhanced disclosure

This offers all the information provided by the standard disclosure with the addition of any other relevant information from any enforcement bodies.