Work · UK guide

Job references — your rights, and what an employer can actually say

Last verified 12 Jul 2026 · Source GOV.UK & ACAS · Information, not advice · Publisher: CA Capital Limited (company no. 10848369)

Almost everything people believe about references is wrong in one direction or the other. No, your old employer cannot say whatever they like about you. And no, they don’t have to give you a reference at all. The rule that actually governs the whole subject is a single sentence from GOV.UK: an employer does not usually have to give a work reference — but if they do, it must be fair and accurate. Everything else follows from that. “We only give dates and job title” is company policy, not law. A reference can mention your performance, and even that you were dismissed — as long as it is true, fair and not misleading. And a reference that is misleading, inaccurate or discriminatory is not a grievance, it is a claim — in the county court if it cost you a job, or at an employment tribunal if it was tainted by discrimination or by the fact you stood up for your rights. This guide takes the myths apart, shows you how to see what was actually written about you, and sets out exactly what to do when a reference costs you the offer.

No dutyEmployers usually don’t have to give a reference at all
Fair & accurateBut if they do give one, that is the legal standard
Ask the new oneYou can ask to see a reference once you’ve started — from the employer who received it
3 months −1 dayTribunal deadline if a reference was discriminatory

Do they have to give you one? Usually not — and that’s lawful

This is the fact that lands hardest, so let’s state it early and clearly. There is no general legal right to a job reference in the UK. An employer can simply decline, and in most cases that is lawful, however unjust it feels when a job offer is waiting on it. ACAS lists the exceptions — the times an employer must give one:

They must give a reference if…What that means in practice
It’s in writing that they willA term in your employment contract, staff handbook commitment, or a settlement agreement that includes an agreed reference — a very common negotiating point when you leave.
It’s a regulated roleCertain financial-services jobs regulated by the FCA or PRA — usually roles known as “controlled functions”. In those sectors, references are a regulatory obligation, not a favour.
It was agreed some other wayACAS gives settlement agreements as its example — any binding agreement that a reference will be provided.

Outside those exceptions, a flat refusal is generally lawful. But — and this matters — why they refuse can turn a lawful act into an unlawful one. A refusal because of a protected characteristic, or because you did a “protected act” (raised a discrimination complaint, blew the whistle, asserted a statutory right), is discrimination or victimisation under the Equality Act 2010 — and the Act reaches conduct after your employment has ended. The same is true of a deliberately damning reference given for the same reasons.

If you can’t get one at all — you are not stuckPlenty of good candidates have a gap where a reference should be, and recruiters know it. Ask a former manager or colleague for a personal or character reference. Offer a payslip, P45 or contract to evidence your dates and role. Offer references from other employers, or a probationary period. And be straight with the new employer about the situation before they discover it — an honest early conversation is nearly always survivable; a surprise at the reference stage is what kills offers.

What a reference can — and can’t — say

Once an employer chooses to give a reference, the law gets stricter, not looser. GOV.UK: a reference “must be fair and accurate — and can include details about your performance and if you were sacked”, and it “can be brief — such as job title, salary and when you were employed”. Both halves of that sentence surprise people.

The “dates and job title only” myth. Most large employers now give exactly that — a bare factual reference — and many have a written reference policy restricting how much can be said and who is allowed to say it. That is a policy choice, not a legal rule, made precisely because a fuller reference carries legal risk. Two useful consequences: a short factual reference is not a hidden bad reference (recruiters see them all day), and equally an employer is allowed to comment on your performance or a dismissal — provided it is fair and accurate.

The lines a reference cannot cross. ACAS is explicit: whatever it says, a reference cannot be:

  • Misleading — ACAS’s own example: saying you were investigated for stealing, while omitting that the investigation cleared you. Every sentence can be literally true and the reference still be misleading, because the overall picture is unfair.
  • Inaccurate — wrong dates, a wrong reason for leaving, a warning that was never given, absences that weren’t yours. Sloppiness is as actionable as malice if it costs you a job.
  • Discriminatory — influenced by age, disability, race, sex, religion or belief, sexual orientation, gender reassignment, pregnancy and maternity, or marriage and civil partnership. Referring to disability-related absence as if it were ordinary poor attendance is a classic trap.
Never a punishment for standing up for yourselfA reference — or a refusal to give one — that happens because you did a protected act (raised a grievance about discrimination, brought a tribunal claim, blew the whistle, or supported someone else who did) is victimisation under the Equality Act 2010, and it is unlawful even though you have already left the job. It is one of the few situations where a “we don’t give references” policy stops being a defence — if the policy was suddenly invented for you. This is exactly the sort of claim that needs evidence and speed: keep the emails, note the dates, and get advice fast, because the tribunal deadline is 3 months minus 1 day.

How to see what was actually written about you

You suspect a reference sank you. Can you read it? Sometimes — and the direction you ask in matters.

  • Ask the employer who RECEIVED it. This is the stronger route. GOV.UK puts it exactly: “Once you start with a new employer, you can ask to see a copy of a reference. You have no right to ask your previous employer.” A reference about you is your personal data, so you can make a subject access request to the receiving employer for a copy.
  • You can still ask the employer who WROTE it — ACAS suggests asking either the referee or the recipient, in writing. They just don’t have to hand it over.
  • Put it in writing, keep a copy of the request and the reply, and note the date. That paper trail is what any later claim rests on.
The honest catch: you might not get itA reference is often given in confidence, and under UK GDPR an employer may be able to withhold it on that basis — and must in any case weigh the rights of the person who wrote it. So a subject access request may get you the reference, a redacted version, or a refusal. Ask anyway: many are handed over without fuss. And note the pointed remark in ACAS’s guidance — if both employers refuse to let you see a reference and there is no other legitimate reason your offer was withdrawn, that is precisely the situation in which to raise a formal complaint (and, if you suspect discrimination, to get advice quickly).

If a reference is wrong — fix it before you fight it

Most bad references are not conspiracies. They are errors, a manager going off-script, or a policy applied clumsily. Errors get corrected — but only if you move fast and calmly. In order:

  1. Talk to the new employer. ACAS advises exactly this: ask what their concern is, address it (with evidence, if the reference is inaccurate), offer alternative references, and offer a probationary period. Most employers would far rather keep a candidate they liked than restart a recruitment process.
  2. Ask the referee to check the reference is fair and accurate. ACAS notes they may simply have made a mistake — one they can correct. Write to them: set out the specific statement, why it is wrong, and the evidence (payslips, appraisals, the outcome letter from an investigation that cleared you, occupational-health notes for disability-related absence).
  3. Evidence it. Dates, emails, the job offer, the withdrawal, what you were told and by whom. If the reference itself never reaches you, the withdrawal email often says enough.
  4. Get free advice. ACAS on 0300 123 1100 (Mon–Fri 8am–6pm) will talk it through with you for nothing. So will Citizens Advice. Do it before the deadlines bite.
Still working there? Two things to knowAn employer asked for a reference while you are still employed should not be a reason to treat you badly — GOV.UK notes you may be able to claim damages if you were sacked because your employer was asked for a reference while you still worked for them. And if the reference risk stems from an ongoing disciplinary process or a gross-misconduct allegation, the reference is downstream of that — fight the underlying finding, because that is what any future reference will describe.

The short version

  1. No general right to a reference — unless it was promised in writing (contract, settlement agreement) or it’s a regulated FCA/PRA role.
  2. If one is given, it must be fair and accurate — never misleading, inaccurate or discriminatory. It can be brief, and it can mention performance or a dismissal.
  3. “Dates and job title only” is policy, not law — and it is not a black mark.
  4. To see it: ask the employer who received it, in writing — a subject access request. A confidential reference may lawfully be withheld.
  5. If it’s wrong: talk to the new employer, ask the referee to correct it, evidence everything, call ACAS.
  6. If it cost you the job: county court for a misleading reference that caused a loss; tribunal for discrimination or victimisation — 3 months minus 1 day, ACAS early conciliation first. One route, not both.
Do this now

Two emails, tonight. First, to the employer who received the reference: ask, in writing, for a copy of any reference held about you (a subject access request — a reference about you is your personal data). Second, to the referee: ask them to confirm the reference given was fair and accurate, and name any statement you believe is wrong. Keep both emails and note the dates. That is your evidence, and it costs nothing.

And if there is any chance the reference was discriminatory or was payback for raising a complaint, diary the 3-months-less-a-day deadline today and call ACAS on 0300 123 1100 (Mon–Fri 8am–6pm). Got a letter you don’t understand? Put it through Decode. This is general information, not legal advice — SortedUK is not a law firm. Free help: ACAS and Citizens Advice.

Source verification Primary sources: GOV.UK — References: your rights and the ACAS guide Job references (including If you get a bad reference). Last verified 12 July 2026. No general duty (confidence High — GOV.UK verbatim): “An employer does not usually have to give a work reference – but if they do, it must be fair and accurate.” Employers must give one where there was a written agreement to do so, or where they are in a regulated industry — ACAS specifies certain financial-services jobs regulated by the FCA or PRA, usually “controlled functions”, and also lists agreement by other means such as a settlement agreement. Content (confidence High — GOV.UK/ACAS verbatim): a reference “must be fair and accurate – and can include details about your performance and if you were sacked”, and “can be brief – such as job title, salary and when you were employed”; ACAS: whatever it says, it cannot be misleading, inaccurate or discriminatory, with the worked example of a reference mentioning a theft investigation while omitting that it cleared the employee. Employer reference policies restricting content are noted by ACAS as a practice, which is why we state “dates and job title only” as policy rather than law. Seeing a reference (confidence High): GOV.UK — “Once you start with a new employer, you can ask to see a copy of a reference. You have no right to ask your previous employer.” ACAS — you can ask either the referee or the recipient, in writing, but a reference given in confidence may not be disclosable under UK GDPR; ACAS points to the ICO’s subject-access guidance. We therefore state the SAR route honestly as “may be refused or redacted”. Remedies (confidence High): GOV.UK — damages in court where a reference is misleading or inaccurate and you “suffered a loss” (e.g. a withdrawn offer), and where a contract required a reference and the employer refused, or where you were sacked because a reference was requested while still employed; ACAS — county court (England & Wales) or sheriff court (Scotland) for a misleading/inaccurate reference causing loss, employment tribunal for discrimination, you cannot claim in both for the same issue, and the tribunal time limit is in most cases 3 months minus 1 day with ACAS early conciliation required first (consistent with our /employment-tribunal guide). Victimisation (confidence Medium-High, framed as principle not case-law citation): a reference or refusal given because the employee did a protected act is victimisation under the Equality Act 2010, which covers conduct after employment ends — consistent with ACAS’s statement that a reference must not be discriminatory and its example of a reference given after the employee witnessed discrimination. Qualitative by design: how common bare factual references now are (practice, not statute); the outcome of any negligence claim (fact-specific — we describe the test, not the odds); and the precise circumstances in which a confidential reference can lawfully be withheld under UK GDPR (case-by-case, decided by the data controller and reviewable by the ICO). Scope: Great Britain (Northern Ireland has its own tribunal system and the Labour Relations Agency in place of ACAS). SortedUK is not a law firm and this is general information, not legal advice — free help from ACAS on 0300 123 1100 and Citizens Advice.

Job references — common questions

Does my employer have to give me a reference?

Usually not. GOV.UK: “An employer does not usually have to give a work reference – but if they do, it must be fair and accurate.” They must give one if it was agreed in writing (a contract term or a settlement agreement) or if it’s a regulated role — certain FCA/PRA financial-services jobs, usually “controlled functions”. Otherwise a refusal is generally lawful — unless the reason for refusing is discriminatory, or payback for raising a complaint or whistleblowing, which is victimisation.

Can they only confirm my dates and job title?

Yes — and most large employers now do exactly that, as a policy to limit legal risk. It is not a legal rule, and it is not a black mark: recruiters see bare factual references constantly. The flip side is that an employer is allowed to comment on your performance and even say you were dismissed — GOV.UK confirms it — provided what they say is fair and accurate.

Can a reference say something bad about me?

It can say something unfavourable, as long as it is true, fair and gives an accurate overall picture. What it can never be is misleading, inaccurate or discriminatory. ACAS’s example of “misleading”: saying you were investigated for stealing without mentioning that the investigation found you didn’t. Every sentence can be literally true and the reference still be unlawful if the picture it paints is unfair.

How do I see the reference that was written about me?

Ask the employer who received it. GOV.UK: once you start with a new employer you can ask to see a copy; you have no right to demand it from your previous employer. A reference about you is your personal data, so make a subject access request in writing. Honest caveat: a reference given in confidence may lawfully be withheld or redacted under UK GDPR. Ask anyway, keep the request — and if both employers refuse and there’s no other legitimate reason your offer was pulled, ACAS says that is grounds for a formal complaint.

A reference cost me a job offer — can I claim?

Possibly, by one of two routes — and you must pick one, because you cannot claim in both for the same issue. If the reference was misleading or inaccurate and you suffered a loss (the withdrawn offer), that is a damages claim in the county court (sheriff court in Scotland) — get legal advice first. If it was discriminatory, or given because you did a protected act, that is an employment tribunal claim — deadline 3 months minus 1 day, with free ACAS early conciliation first. Before either: speak to the new employer and ask the referee to correct a mistake — many problems end there. Free advice: ACAS 0300 123 1100.

Sources: GOV.UK — References: your rights · ACAS — Job references · ACAS — If you get a bad reference · ICO — Subject access requests · Equality Act 2010. SortedUK is not a law firm and this is general information, not legal advice. Free help: ACAS 0300 123 1100 · Citizens Advice. Last reviewed: 12 July 2026.

They don’t have to say anything. But what they say has to be true.

Get a copy, correct the record in writing, and diary the deadline — before the offer is gone for good.