Most people think of references as a rubber stamp. You simply jot down your previous employers’ contact details, they say nice things about you and it helps you get a new job. The reality is far more complex, with many HR experts warning that unless people wake up to the wide-ranging myths surrounding references, they could wind up backtracking their career.
Myth 1: Companies are not allowed to say anything damaging about a former employee
Contrary to popular opinion, an employer is entitled to provide negative comments in a reference. Nicky Scott learned this at her peril. “I got bored in a secretarial role that didn’t involve any real responsibility and I started slacking. It’s the reason I looked for a new job – I needed something more stimulating,” she says. “I didn’t think my lack of effort had been noticed, but in looking for a new role it became clear that my previous boss had said something negative, so I went back and asked him about it. He showed me the reference and overall it was positive, but with this one sticking point. Fortunately, I was able to turn it into a positive at interviews – pointing out that I was desperate for a challenge. I got the first job when I did this.”
Myth 2: References are always objective
Employers who provide negative references should be careful not to give a misleading or untrue impression. If they can’t provide evidence to back up opinions, they can face potential claims of defamation, malicious falsehood and negligent misstatement. But, says an adviser at the Chartered Institute of Personnel and Development, (CIPD) in the real world subjective opinions get made all the time, with many organisations phoning previous employers expressly because they’re more likely to get the “juicy details”. Making that phone call isn’t a bad idea for the prospective employer because it gives them a chance to ask follow-up questions, according to the CIPD. On the other hand, unfair bosses with an axe to grind are suddenly given an opportunity to let rip in the safety of what they say not being written down.
Myth 3: References should always be listed on your CV
The Joslin Rowe secretarial team suggests including details of your HR department on any job application for your potential employer to easily obtain a reference. Conversely, SecsintheCity insists: “Always leave references off your CV. It’s a snapshot of your career achievements, skills and experiences. When references are included, they are typically squeezed on the bottom of an already crowded document. Employers are more likely to ask for references once an offer of employment has been made rather than at the first stage of the screening process.”
Myth 4: There’s no need to stay in touch with my references
“I have always followed up a reference request to a previous boss with a hand-written thank-you note,” says Heidi Wicks. “As I progress, I also update them about my career – only in a quick email, nothing lengthy. It reminds them I’m doing well and I’m pretty sure that must pay off when it comes to me asking for future references.”
Myth 5: Nobody will know if I leave out the name of a boss I’ve had issues with from my reference list
Handle Recruitment says that many companies now use reference check agencies to gather candidate references from at least the past five years, so leaving people out of a reference list simply won’t work. And if an employer sees gaps in the list, they’re going to assume you’re hiding something.
Myth 6: Most companies do reference checks with the HR department, rather than an old boss, and HR won’t say anything bad about me
Many companies have specific policies on giving out references so that nobody but HR gets to do it – and thankfully most HR professionals do follow proper protocol. But prospective employers know this and often look for ways to get to the nitty-gritty on the employee. One HR manager admits: “You get some pushy employers, especially when they’re really torn between two or three candidates. It’s like they’re trying to catch you out to help them make their decision.”
Myth 7: I have no right to see a reference made about me
You can request to see a copy of your reference under the Data Protection Act. But, says Manchester law firm Slater Heelis: “It would have to be reasonable in all the circumstances for it to be disclosed to the employee” – a decision made by the recipient of the reference, who has to take into account several factors. These include whether the employee needs to see it to challenge its accuracy, if the candidate did not get the job as a result of the reference and if the person who wrote it would be threatened.
If you think facts in it are wrong then you can take your case to tribunal. For example, you can claim for discrimination if you believe the reference discriminated against you for asking for flexible working following maternity leave, or if you were off sick due to a disability and it was said you had poor attendance.
Myth 8: References have to contain more than the basics
Actually, advises Kelly Services, there’s a trend towards references giving the bare minimum information. The fear of legal action means HR departments are more likely to just give dates of employment and job title.
Employers have even been known to give good references to bad employees. “I came across a manager who gave someone a glowing – albeit brief – reference, despite that person having a poor performance record,” says a representative of the CIPD. “It turned out the manager was so keen to get rid of the employee that they wanted to do everything in their power to secure them a new job.”
Myth 9: Employers have to give a reference if they’re asked for one
There’s no legal obligation to provide a reference. But if the employer normally provides a reference, and refuses to in a single case, it could count as discrimination. In most cases, employers are simply not aware of the law – which is why it’s most likely to happen in smaller companies.
Myth 10: Once an employer recruits me, my references no longer matter
“I thought this and so it was with huge relief that I got a job offer, having just left a post where my boss and I had a big personality clash,” says Penny O’Shea. “I thought I was safe, as I knew any reference from her wouldn’t be nice. But then about five weeks into my new job, I was called into a meeting with the HR department of my new company. They didn’t say as much, but it became obvious from our conversation that they’d been in touch with her. Fortunately, the HR woman was objective, fair and seemed to be able to read between the lines.”
Lots of contracts allow employers to fire you within a 90-day probation period. That’s not only the time they evaluate your job performance – it’s often when they get round to following up references and background checks. If the results aren’t up to scratch, you may pay the price.
