Policy for Providing Employment References

Transcription

1 Policy for Providing Employment References Policy Number: 284 Supersedes: All previous policies for providing employment references. Standards For Healthcare Services No/s Version No: Date Of Review: 0.1 December 2011 Reviewer Name: Policy Review Group Completed Action: Approved by: Date Approved: New Review Date: W& OD April 2012 April 2015 Brief Summary of Document: This policy outlines the process and procedures for dealing with reference requests within the Health Board. To be read in conjunction with: All other relevant Workforce and OD Policies Classification: Employment Category: Policy Freedom Of Information Status Open Authorised by: Janet Wilkinson Job Title Director of Workforce and OD A signed copy of this policy is stored in Corporate Services.

2 Responsible Officer/Author: Contact Details: Kim Warlow Dept Workforce & OD Job Title: Base County Head of Workforce Withybush Hospital Tel No Scope ORGANISATION WIDE DIRECTORATE DEPARTMENT ONLY COUNTY ONLY Staff Group Administrative/ Estates Medical & Dental Nursing Allied Health Professionals Ancillary Maintenance Scientific & Professional Other Please indicate the name of the individual(s)/group(s) or committee(s) involved in the consultation process and state date agreement obtained. CONSULTATION Individual(s) Group(s) Policy Review Group Date(s) Date(s) December 2011 Committee(s) Date(s) RATIFYING AUTHORITY (in accordance with the Schedule of Delegation) NAME OF COMMITTEE KEY A = Approval Required FR = Final Ratification Date Approval Obtained COMMENTS/ POINTS TO NOTE Date Equality Impact Assessment Undertaken Group completing Equality impact assessment Sub group of policy review group Ceri Williams, Jackie Hooper, Bob Mander Please enter any keywords to be used in the policy search system to enable staff to locate this policy Employment Reference, Character Reference Database No: 284 Page 2 of 8 Version 1

3 Document Implementation Plan How Will This Policy Be Implemented? Placed on the Intranet Who Should Use The Document? What (if any) Training/Financial Implications are Associated with this document? What are the Action Plan/Timescales for implementing this policy? All Staff None Action By Whom By When Approved Policy sent for signing by Exec Signed Policy Made Active on intranet Active Policy Advertised to all staff via Hywel Dda Today Policy Coordinator Policy Coordinator Policy Coordinator December 2011 Database No: 284 Page 3 of 8 Version 1

4 CONTENTS 1. INTRODUCTION POLICY STATEMENT AIM SCOPE REFERENCES PROCEDURE GUIDANCE FOR MANAGERS HUMAN RESOURCE SPECIALISTS ROLE THE LEGAL POSITION Negligence Defamation Discrimination Breach of Contract/ Unfair Dismissal DATA PROTECTION KEY POINTS TO REMEMBER REVIEW EQUALITY MONITORING...8 Database No: 284 Page 4 of 8 Version 1

5 1. INTRODUCTION The Health Board is committed to delivering the highest standard of service and care to the population it serves and ensuring that managers and staff have a clear policy in place to guide them in dealing with providing employment references. This policy applies to all employees and workers of the Health Board. 2. POLICY STATEMENT Hywel Dda Health Board is committed to implementing this policy in a way which meets the equality and diversity needs of staff. It is the responsibility of managers and staff to ensure that this policy is implemented. 3. AIM This policy will ensure that the principles of equity and consistency are applied when dealing with requests for employment references ensuring a consistent approach. This Policy provides guidance and the procedure for giving and receiving references. This policy will also take into account the provisions of the Data Protection Act 1998 and the Equality Act This policy will be monitored to ensure it remains compliant with recent legislation and case law. 4. SCOPE This policy covers the process for providing employment references, references for students and work placement trainees and who should provide such references. This policy replaces all previous local agreements within the Health Board and applies to all employees and workers of the Health Board. 5. REFERENCES The purpose of references is to obtain information about a candidate s employment history, qualifications, experience and/or an assessment of the candidate s suitability for the post they have applied for. Prospective employers may seek information on matters including length of employment, job title, brief details of responsibilities, abilities, overall performance, timekeeping, absence record and reason for leaving. There are two types of reference requests. The first is that of a character reference whereby you are commenting on the personal relationship between yourself and the employee. You would not be responding on behalf of the Health Board but as a private individual. Character references must not be given using Health Board headed paper. It is unlikely that you would be asked to provide a character reference relating to a professional position. The second type of reference is an employment reference, whereby you are asked to comment on the employment relationship between the individual and the Health Board. This would include questions relating to attendance, reliability, disciplinary issues etc. Most organisations will request references to be submitted in writing, either in the form of an open unstructured letter or by use of a standard form. Reference requests are now often sent by . Although this is common, it is usually required that a hard copy is then sent in the Database No: 284 Page 5 of 8 Version 1

6 post or scanned into an that clearly shows the signature of the person providing the reference (the referee). Requesting written references provides referees with more time to reflect on the questions, the wording of answers and on the information (if any) provided about the job vacancy. It is important that any reference request is marked private and confidential for the attention of the named referee. Case law has resulted in a cautious approach from people giving references. All data given in a reference should be based on fact and be capable of independent verification. As a guide, references should be fair, accurate and not give a misleading overall impression of the employee. Referees should avoid giving any subjective opinion about an individual s performance, conduct or suitability, unless it can be substantiated with factual evidence. 6. PROCEDURE Only the applicant s line manager is permitted to complete an employment reference request. If you receive a reference request for a member of staff that you do not manage or you are not senior enough to provide the reference for, refer it to your line manager. It is important that all reference requests are marked private and confidential for the attention of the named referee and where this person no longer works for the organisation the request should be passed to the local HR Department. Ensure that the employee is aware that a confidential reference request has been received. Some reference requests refer to sickness absence. If this is requested then only the number of days or occasions of absences should be provided. No details of medical conditions should be included. Respond to reference requests in a timely manner Ensure data such as length of service, sickness absences, disciplinary records, salary levels and reasons for leaving are all factually correct. When providing any information in relation to a disciplinary record only the outcome of any disciplinary investigation i.e. warning for misconduct or employee left prior to completion of investigation should be stated. Where possible, avoid giving or receiving telephone references. If you find yourself in a position of receiving an unsolicited reference request by telephone then ensure that you write down the questions asked and your responses to ensure that they are not misrepresented at a later date. It is advisable to ask for the reference request to be provided to you in writing. Character references must not be given using Health Board headed paper. 7. GUIDANCE FOR MANAGERS Managers should be familiar with all Health Board policies. Managers should ensure they only give reference based on fact and references should be fair, accurate and given in a timely manner. Managers should ensure that data such as length of service, sickness absences, disciplinary records, salary levels and reasons for leaving are all factually correct. Database No: 284 Page 6 of 8 Version 1

7 Managers should read through the reference to ensure that the overall impression of the applicant is fair and just. 8. HUMAN RESOURCE SPECIALISTS ROLE Maintain and monitor the effectiveness of this policy. Provide advice, guidance and support when required. Ensure fairness and consistency in the treatment of all employees. 9. THE LEGAL POSITION The legal risks associated with providing references fall under the following headings: Negligence Defamation/malicious falsehood Discrimination Breach of contract Unfair dismissal 9.1. Negligence If a reference is provided by an employee, the main legal risk lies in the law of negligence. An employer will be liable if loss results from the employer's failure to exercise reasonable care in the preparation of a reference. The reference must not give an unfair or misleading impression overall, even if its discrete components are factually correct. There may also be a 'contractual duty' to provide a reference where: it is 'natural practice' to require a reference from a previous employer before offering that type of employment, and the employee could not expect to enter that type of employment without a reference. It is entirely feasible that the Health Board could be sued by another NHS organisation for providing a misleading employment reference Defamation If a reference contains a false or unsubstantiated statement that damages the reputation of a former employee, he or she may be able to claim damages for defamation Discrimination An employee who is given a poor reference because of their age, race, sex, sexual orientation, religion or disability may be able to bring a claim against their former employer Breach of Contract/ Unfair Dismissal This may apply to an employee who resigns as a result of their manager providing them with inappropriate references and consequently claims unfair dismissal at an Employment Tribunal. A mis-leading reference can amount to a fundamental breach of contract of employment. 10. DATA PROTECTION Key implications with regard to references include: Requests to view references: Under the Data Protection Act 1998 it is no longer possible to guarantee that a reference will remain confidential. The author of a reference may stipulate that it is confidential, and need not show it to the employee. However, employees can ask their new employer for a copy of the reference which may be Database No: 284 Page 7 of 8 Version 1

8 discloseable if it is proper to do so, having balanced the rights of the author, any other person mentioned in the reference, and the employee. Ideally steps should be taken to obtain the consent of the author. Requests for information on an employee s sickness/medical records: Some reference requests refer to sickness absence. Data relating to an employee s medical condition is classified as sensitive personal data and employers therefore need to take care to obtain an individual s consent when dealing with such requests. It is however acceptable to identify the number of absences recorded. 11. KEY POINTS TO REMEMBER Ensure that you are authorised to provide an employment reference Respond to reference requests in a timely manner Ensure data such as length of service, sickness absences, disciplinary records, salary levels and reasons for leaving are all factually correct. Read through the reference you intend to provide to ensure that the overall impression of the applicant is fair and just. Clearly distinguish fact from opinion Do not omit information that would otherwise serve to provide a fuller and fairer picture. Do not give overly glowing references which are often read by future employers with caution. When providing disciplinary information, provide the outcome of any disciplinary investigation i.e. warning for misconduct or employee left prior to completion of investigation etc. Don t leave the reader guessing Be prepared to show a copy of the reference to the employee and take a copy for file. If in any doubt contact your HR dept. 12. REVIEW This Policy will be reviewed every three years. 13. EQUALITY The Hywel Dda Health Board recognises and values the diversity of its workforce. Our aim is to provide a safe environment where all employees are treated fairly and equally and with dignity and respect. The Hywel Dda Health Board recognises that the promotion of equality and human rights is central to its work both as a provider of healthcare and as an employer. This policy has been impact assessed to ensure that it promotes equality and human rights. The assessment was undertaken using the toolkit of the NHS Centre for Equality and Human Rights and completed on 8 th December MONITORING This policy will be monitored on an exceptions basis by the Director of Workforce and OD and breaches will be reported on an annual basis to the board. Database No: 284 Page 8 of 8 Version 1