Does My Employer Have to Provide a Job Reference?

If you are leaving your employment and applying for another job, your new employer may ask your current or former employer to provide a reference.

There is no general legal obligation requiring every employer to provide a job reference.

However, an employer may be required to provide one where:

• Your Employment contract says a reference will be provided
• A Settlement agreement requires the employer to provide one
• Regulatory rules require a reference for certain financial services roles

Some employers also have their own internal reference policies.

A policy may specify:

• Who is authorised to provide references
• What information can be included
• Whether only factual references will be given

Even where there is no legal duty to provide a reference, many employers choose to provide at least a basic factual reference.

What Will Normally Be Included in a Job Reference?

Many employers now provide relatively short factual references.

A basic reference may contain only:

• Your Name
• Your Job title
• Your Dates of employment

Some employers provide more detailed references.

A detailed reference could potentially include:

• Your Duties
• Your Skills
• Your Experience
• Your Performance
• Relevant current disciplinary information
• Your Reason for leaving

The amount of information included is generally for the employer to decide, subject to any contractual agreement, reference policy or regulatory requirements.

A limited factual reference should not automatically be regarded as a negative reference, particularly where that employer routinely provides the same type of reference for all employees.

Can You Ask for a More Detailed Reference?

Yes.

If your employer normally provides only a basic reference, you can ask whether it is willing to provide additional information.

You may also ask whether a former:

• Line manager
• Department head
• Senior colleague

can provide a separate character or professional reference.

However, the employer may have a policy stating that only Human Resources or another authorised person can provide references on behalf of the organisation.

A manager may therefore need to make clear whether any personal reference is being provided in an individual capacity rather than formally on behalf of the employer.

Does a Reference Have to Be Accurate?

Yes.

If an employer chooses, or is required, to provide a reference, it should take reasonable care to ensure that the reference is:

• Accurate
• Fair
• Not misleading

This applies to both factual information and opinions.

If an employer expresses an opinion about your:

• Performance
• Conduct
• Ability
• Suitability

there should normally be a proper factual basis for that opinion.

For example, an employer should not describe your performance as poor where its own records consistently show that you met or exceeded the required standards.

Equally, an employer does not normally have to provide a positive reference if there is genuine, relevant and properly supported negative information.

Can My Employer Give Me a Bad Reference?

Potentially, yes.

There is no rule requiring an employer to provide a favourable reference.

A reference can contain negative information where that information is:

• Accurate
• Fair
• Relevant
• Not misleading

For example, an employer may in appropriate circumstances refer to a current and relevant disciplinary record.

However, it should take care not to give an unfair impression.

For example, it could be misleading to state that you were investigated for serious misconduct without explaining that the investigation concluded that the allegation was not established.

Similarly, an employer should not present allegations as proven facts where they have not been substantiated.

What if My Employer Gives an Incorrect Reference?

You may potentially be able to challenge a reference where it is:

• Inaccurate
• Misleading
• Discriminatory
• Negligently prepared

The appropriate legal claim will depend on the circumstances and the loss caused.

For example, legal issues may arise where a new employer withdraws a job offer because your former employer provided materially false or misleading information.

You should normally try to obtain details of what was said and raise the problem promptly with the employer responsible for the reference.

For further guidance, see Incorrect Job References.

Can a Reference Include Disciplinary Information?

Potentially.

A detailed employment reference can include relevant disciplinary information.

However, the information should be:

• Accurate
• Current
• Relevant
• Fairly presented

Care should be taken with:

• Expired warnings
• Unproven allegations
• Incomplete investigations
• Historic matters with little relevance

The employer should not create a misleading impression by omitting important context.

Different and more prescriptive rules apply to certain regulated financial services references, which are considered separately below.

Can My Employer Include My Sickness Record?

Employers need to be particularly careful about sickness and absence information.

Current Acas guidance states that a reference should not include absence information relating to matters such as:

• Disability
• Maternity leave
• Paternity leave
• Adoption leave

An employer should also not disclose reasonable adjustments made for a disability in a way that could expose you to discriminatory treatment.

More generally, employers should only provide personal information that is genuinely relevant and should comply with both:

• Equality law
• Data protection law

An employer must not use a reference as a way of disadvantaging you because of a protected characteristic.

For further guidance, see Discrimination and Data Protection.

Am I Entitled to See a Copy of My Reference?

Not necessarily.

The right of access under UK data protection law contains a specific exemption for certain confidential references.

Where a reference has genuinely been provided in confidence for purposes such as prospective or actual employment, the personal data contained within that confidential reference can be exempt from the normal subject access right.

Importantly, this exemption can apply to both:

• The Employer that provided the reference
• The Employer that received the reference

This means you cannot assume that either organisation must provide you with a copy simply because you make a Subject Access Request.

Does This Mean I Can Never See My Reference?

No.

The exemption applies to references that are genuinely treated as confidential.

An employer may still decide voluntarily to provide you with a copy.

Where it is unclear whether the reference was intended to be confidential, the organisation may need to consider the request according to the normal data protection rules.

You can therefore still ask for a copy.

If a reference has had an adverse effect on you, you may also be able to ask the prospective employer to explain:

• What concerns arose
• Whether the reference affected its decision
• Whether you can provide further information

The fact that a confidential reference may be exempt from disclosure does not permit employers to provide inaccurate or unlawfully discriminatory information.

What Practical Issues Should You Consider Before Leaving?

It is sensible to understand your employer's reference policy before your employment ends.

This can help you identify and resolve problems while you still have a direct relationship with the organisation.

You may wish to confirm:

• Your Correct job title
• Your Dates of employment
• Who will provide the reference
• Whether the reference will be factual or detailed
• Whether a reason for leaving will be included
• Whether relevant disciplinary information may be mentioned

Job titles can be particularly important where you have:

• Been promoted
• Changed department
• Performed a different role from your original title

You should consider asking the employer to correct its records before a reference request is received.

What About the Reason My Employment Ended?

A detailed reference can potentially state your reason for leaving.

For example, it might say that your employment ended because of:

• Redundancy
• Resignation
• Dismissal
• Another agreed reason

If the circumstances surrounding your departure are disputed, it may be sensible to address the proposed wording before your employment ends.

For example, you may not want a reference to describe your departure as performance-related where that issue remains genuinely disputed.

Where you leave under a settlement agreement, reference wording is often agreed as part of the settlement.

For further information, see Redundancy, Poor Performance and Performance Improvement Plans and Settlement Agreements.

Who Should a New Employer Contact?

You should check your employer's reference procedure.

In larger organisations, references will often be dealt with by:

• Human Resources
• People Operations
• A Central reference team

In smaller organisations, the appropriate contact may be:

• A Director
• Your Manager
• Another authorised employee

Providing the correct contact details to a prospective employer can prevent unnecessary delays.

FCA and PRA Regulatory References

What is a Regulatory Reference?

Certain jobs within regulated financial services are subject to specific regulatory reference requirements.

The rules are designed to help regulated firms assess whether an individual is fit and proper for a relevant role and to prevent significant conduct concerns from simply following an individual from one regulated firm to another without disclosure.

The FCA regulatory reference rules are primarily contained in SYSC 22 of the FCA Handbook.

The regulatory-reference regime originally came into force on 7 March 2017 and now forms part of the wider Senior Managers and Certification Regime, commonly known as the SMCR.

The rules have developed since their introduction, so older references to separate historic regimes should not be relied upon as a complete description of the current position.

Which Firms Are Covered by the FCA Regulatory Reference Rules?

SYSC 22 generally applies to SMCR firms.

The precise requirements depend on:

• The Type of firm
• The Role being filled
• Whether the FCA or PRA rules apply
• The Candidate's current and previous employment

Regulated firms should therefore consider both the FCA Handbook and, where applicable, the PRA Rulebook.

Which Roles May Require Regulatory References?

Regulatory references can be required where a regulated firm is considering an individual for specified positions.

These can include circumstances where a firm is considering:

• Appointing someone to an FCA or PRA controlled function
• Issuing a certificate under the Certification Regime
• Appointing an individual to certain board or other regulated positions

The precise category of role matters.

Not every employee working for a bank, insurer or investment firm automatically requires the same type of regulatory reference.

How Far Back Must the Recruiting Firm Look?

For relevant roles, an SMCR firm must generally take reasonable steps to obtain appropriate references from:

• The Candidate's current employer
• Employers that employed the candidate during the previous 6 years

The requirement can apply even where a previous employer was not itself an FCA-regulated firm.

Where the previous employer is not subject to the regulatory-reference rules, the hiring firm should still take reasonable steps to obtain appropriate information, although the former employer may not be legally required to provide the same regulatory template.

What Must an FCA-Regulated Former Employer Disclose?

Where the regulatory-reference rules require disclosure, the former employer must provide information it is aware of that it reasonably considers relevant to the recruiting firm's assessment of whether the individual is fit and proper.

For most information, the normal lookback period is 6 years.

However, sufficiently serious misconduct can require disclosure even where it occurred more than 6 years ago.

A regulatory reference can therefore be considerably more detailed than an ordinary factual employment reference.

What Information Can Be Relevant?

The FCA regulatory-reference framework requires firms to consider information relevant to fitness and propriety.

Depending on the circumstances, this can include matters such as:

• Relevant roles previously performed
• Findings that an individual was not fit and proper
• Relevant conduct-rule breaches
• Relevant disciplinary action
• Outstanding commission liabilities
• Relevant outstanding or upheld complaints
• Other information relevant to fitness and propriety

The FCA Handbook contains a prescribed regulatory-reference template for relevant SMCR firms.

The information supplied should still be:

• Verified
• Accurate
• Fair
• Relevant

A firm should not simply include every historic allegation it has ever received.

What is the Six-Year Rule?

The six-year period is an important feature of regulatory references but should not be treated as an absolute limit in every situation.

Generally, reportable information is considered by reference to matters occurring or existing within the six years before the request.

However, the FCA rules allow serious misconduct to fall outside that ordinary six-year restriction.

Whether older misconduct remains sufficiently serious can depend on factors including:

• How deliberate the conduct was
• Whether dishonesty was involved
• Whether misconduct was repeated
• Harm or risk of harm caused
• How much time has passed
• Whether the issue remains relevant to fitness and propriety

The significance of the conduct today is therefore important.

Does a Former Regulated Employer Have to Update a Reference?

Potentially, yes.

Regulatory reference obligations do not necessarily end once the original reference has been supplied.

A former employer may subsequently discover information that would have required it to draft the reference differently.

Where the difference would reasonably be significant to the new firm's assessment of the individual's fitness and propriety, the former employer may need to update the reference.

For a former employee, the general obligation to update references normally ends 6 years after the employee ceased to be employed by the firm, subject to the detailed regulatory rules.

The former firm may need to make reasonable enquiries to establish whether the individual is still employed by the firm that received the original reference.

How Quickly Should an FCA Regulatory Reference Be Provided?

Current FCA guidance states that a firm should normally issue a regulatory reference within 4 weeks of being asked to provide it.

The underlying rule requires references to be provided as soon as reasonably practicable where the relevant requirements are met.

The time required can depend on matters such as:

• The Information that needs verification
• Historic records
• Ongoing investigations
• Complexity of the individual's regulatory history

A firm should not sacrifice accuracy and fairness merely to respond quickly.

How Does the FCA Assess Fitness and Propriety?

As at September 2026, the FCA identifies three particularly important considerations when assessing whether a person is fit and proper:

• Honesty, integrity and reputation
• Competence and capability
• Financial soundness

A regulated firm making its own fitness and propriety assessment should consider substantially the same areas where the relevant regulatory requirements apply.

Honesty, Integrity and Reputation

Relevant issues can include matters such as:

• Criminal convictions
• Dishonesty
• Fraud
• Regulatory findings
• Previous misconduct
• Other matters relevant to reputation

The existence of a previous conviction or adverse matter does not necessarily mean that a person will automatically be considered unfit.

The circumstances and relevance of the matter must be assessed.

Competence and Capability

The assessment can consider whether the individual:

• Has appropriate knowledge
• Has appropriate skills
• Has suitable experience
• Meets relevant training requirements
• Has adequate time to perform the role

Previous findings involving serious lack of competence or relevant disciplinary matters can also potentially be relevant.

Financial Soundness

The individual's financial circumstances may also be relevant to the regulatory fitness and propriety assessment.

The fact that someone has experienced financial difficulty does not automatically determine the outcome.

The firm and regulator should consider the circumstances and the relevance of the information to the proposed role.

What if I Resign During a Disciplinary Investigation?

Resigning before an investigation or disciplinary process is completed does not automatically mean that every allegation will appear in a regulatory reference.

Current FCA rules emphasise that information included in a regulatory reference should be properly verified.

The FCA specifically recognises that the fact an employee left while disciplinary proceedings were pending or had started does not necessarily have to be included.

This is because simply mentioning an unfinished investigation could imply that misconduct had been established when it had not.

A regulated firm should, wherever feasible, try to complete relevant investigative procedures before an employee leaves.

However, the regulatory-reference rules do not themselves create an unlimited duty to investigate every allegation after employment ends.

Can Pending Allegations Still Be Relevant?

Potentially.

The fact that an allegation remains unresolved does not mean it can always be ignored.

A firm may need to consider:

• Whether the information has been verified
• Whether findings have been made
• Whether it is relevant to fitness and propriety
• Whether disclosure would be fair
• Whether the regulatory rules require disclosure

A regulatory employer should not simply disclose an allegation because it wishes to do so.

Any reference remains subject to applicable requirements of accuracy and fairness.

For further guidance, see Resignation and Dismissal and Disciplinary Process.

What Counts as Disciplinary Action for Regulatory Reference Purposes?

Under the FCA regulatory-reference framework, disciplinary action can include specified formal measures such as:

• A Formal written warning
• Suspension
• Dismissal
• Reduction or recovery of remuneration

Whether that disciplinary action needs to be disclosed in a particular reference depends on its connection with matters such as:

• Individual conduct requirements
• Fitness and propriety
• Other relevant regulatory information

The context is important.

For example, an unresolved investigation should not automatically be described as proven misconduct merely because an employee was temporarily suspended while the matter was examined.

Can I Agree a Reference if I Am Accused of Misconduct?

In an ordinary non-regulated employment situation, an agreed reference can often form an important part of a settlement agreement.

The parties may agree the exact wording of the reference and attach it to the settlement agreement.

The employer may then agree that future ordinary reference requests will receive that agreed wording.

However, regulated financial services employers have additional obligations.

They cannot contract out of regulatory disclosure requirements simply because an employee disputes the allegations or because the parties wish to settle the employment dispute.

Can a Settlement Agreement Restrict an FCA Regulatory Reference?

No, not where the restriction would prevent a firm from complying with its regulatory obligations.

The FCA rules prohibit a firm from entering into an agreement or arrangement that limits its ability to disclose information required under the regulatory-reference regime.

This applies regardless of how the employment relationship ends.

A regulated employer therefore cannot validly promise that it will suppress information that the FCA rules require it to disclose.

The restriction can also apply to settlement mechanisms such as an Acas COT3.

Can an Agreed Reference Still Be Included in a Settlement Agreement?

Yes.

An agreed reference can still be useful.

For example, a settlement agreement may provide that:

• A Standard agreed reference will be used where no regulatory reference is required
• Any regulatory reference will be provided in accordance with FCA or PRA requirements

This allows the parties to agree ordinary reference wording without improperly restricting the employer's regulatory duties.

The settlement agreement might also accurately record the employer's current position at the date of settlement.

For example, depending on the facts, it may state that the employer is not currently aware of a concluded finding affecting fitness and propriety.

However, such wording cannot prevent later disclosure where subsequent verified information creates a regulatory obligation.

Why Are Regulatory References More Difficult to Negotiate?

In an ordinary settlement, employees often seek certainty about what a future employer will be told.

In a regulated financial services role, that certainty is necessarily limited because regulatory duties can override an agreed ordinary reference.

An employer cannot agree to conceal information that should properly be disclosed.

At the same time, regulatory references must still be fair.

A firm should consider relevant context and mitigating information where necessary to avoid presenting a misleading picture.

This can make settlement negotiations involving regulated employees more complex than ordinary reference negotiations.

What Should You Consider Before Agreeing a Reference?

Where your departure involves a settlement agreement, dismissal, disciplinary process or regulated role, you should consider the reference carefully before the employment relationship ends.

Important issues can include:

• Which reference will be provided
• Whether it is factual or detailed
• Whether regulatory rules apply
• Your Job title
• Your Dates of employment
• Your Reason for leaving
• Any disciplinary wording
• Any agreed reference annex
• How future regulatory requests will be handled

Where a regulatory reference is likely to be required, an ordinary promise to provide only a basic factual reference may not give you the protection you expect.

The final wording should therefore distinguish clearly between ordinary employment references and any disclosures that the employer is legally or regulatorily required to make.