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High): GOV.UK — damages in court where a reference is misleading or inaccurate and you “suffered a loss” (e.g. a withdrawn offer), and where a contract required a reference and the employer refused, or where you were sacked because a reference was requested while still employed;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.