REFERENCE POLICY. All areas of Trust All staff. Recruitment & Selection of Staff Executive Director of Workforce & Communications Approved

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1 Trust Policy & Procedure Document Ref No: PP(15)190 REFERENCE POLICY For use in: For use by: For use for: Document Owner: Status: All areas of Trust All staff. Recruitment & Selection of Staff Executive Director of Workforce & Communications Approved Purpose of this Document: To provide clear guidance to all staff in the Trust who are responsible for checking references as part of the Pre-Employment check process during the Recruitment and Selection of Staff. To provide guidance to all staff who may be requested to provide a reference for an existing or previous member of staff, ensuring legal and NHS obligations are adhered to. Contents Pages 1. Legislation & Contractual Issues 2 2. Data Protection 2 3. Requesting references for recruitment 2 4. Satisfactory and Unsatisfactory References 3 5. Safe handling and storage of references 4 6. Eligibility to provide references on behalf of the Trust 4 7. Handling requests for telephone references 4 8. Guidance on responding to a reference request 5 9. General Advice 5 10 Review Document Configuration 5 Appendices Pages 1. Reference Request Form 6 2. Supporting Request Letter 8 Issue Date: March 2015 Review date: March 2018 Page - 1 -

2 1. Legislation & Contractual Issues NHS and other public sector employers are required to obtain references as part of the Pre Employment Checks on potential candidates. This is essential to protect public safety and manage risk. Although there is no obligation in law to provide references when requested, there are a number of reasons why employers should respond. Employees may be unable to secure employment, or obtain a mortgage or bank loan. Most organisations request references for potential new staff and recognise the consequences of being unable to obtain a reference for the employee. It is essential that information given in a reference should be accurate and factual. Giving a false reference could result in a libel case for: Defamation false information that damages the reputation of the employee. Deceit if the intention is that the person receiving the reference will act upon the information given. Negligence where the person giving the reference does not take reasonable care compiling or obtaining the information on which the reference is based. In considering and providing references there should be no unlawful discrimination on grounds of race, sex or marital status, gender reassignment, age, sexual orientation, religion, trade union membership or disability. Non-Disclosure failure to disclose/hide relevant employment facts to a potential employer could lead to the Organisation being sued. It is important to distinguish between references and testimonials. The latter are usually documents given to the candidate by a referee (often worded 'to whom it may concern'). The Trust does not accept these in place of references. If you receive a reference of this type please refer to HR & Communications for advice. 2. Data Protection The Data Protection Act 1998 requires the information contained in personal/job references to be handled confidentially at all times. Copies of references should not be made, the original should be securely retained, and used for recruitment purposes only. It is important that no employee details are given out over the telephone. 3. Requesting references for recruitment References are requested by the HR & Communications Directorate immediately following the interview process and a Conditional Offer of Employment has been made to the preferred candidate, subject to satisfactory pre-employment checks being made. They are requested using the Reference Request Form and supporting letter (Appendix 1 & 2). References should be from the present and previous job, or if not in employment, from the two most recent employers, and/or present place of study. Issue Date: March 2015 Review date: March 2018 Page - 2 -

3 The referee should be a person of responsibility relative to the applicant, preferably a direct Line Manager /Course Tutor who is able to provide knowledge of the individual's work or professional competence, attendance record and personal qualities. References for health professionals should be obtained from candidates clinical Line Manager and Medical Director or Chief Executive as appropriate. If you have any doubt about the appropriateness of the referee, this must be checked with the applicant at interview. All references must be sent to a work or education establishment, and must not be sent to a home address. Where a member of the interview panel acts as a referee for a candidate(s) the panel member must ensure that all other members of the panel are aware of their role. The second referee must not also be a member of the panel. In certain circumstances it may be necessary to obtain a verbal reference if the written response has not been received or clarification is required. Any verbal reference should be taken using the questions on the Reference Request Form, and responses written down, dated and signed by the person taking the reference. It is important to ensure that where an offer of employment is made, any verbal reference should be confirmed in writing. An UNCONDITIONAL offer of appointment cannot be made unless there are two relevant (work/study related) satisfactory references for the candidate. If the preferred candidate indicated on the application form that they did not want their references contacted you must seek permission to contact them following the interview. A CONDITIONAL offer of employment can be made subject to satisfactory references and other pre-employment checks. 4. Satisfactory and Unsatisfactory References 4.1 Satisfactory References: If the references received on the preferred candidate are satisfactory and support the information in the application form and from the interview an UNCONDITIONAL offer of employment can be made, so long as all other pre-employment checks have been satisfactorily obtained. 4.2 Unsatisfactory References: If the references received are unsatisfactory and give serious cause for concern around the candidate s ability to carry out the role, or attend on a regular basis, it is possible to revoke the CONDITIONAL offer of employment. However, in all such cases advice must be sought from the HR & Communications Directorate prior to this action being taken. It may be necessary to meet with the candidate again to express the Trusts concerns and give the candidate the opportunity to explain any circumstances that might have led to a poor reference being given. Care should also be given to poor sickness records as they may have a health condition that falls under the DDA. 4.3 Fraudulent References: If there is any suspicion that a reference is fraudulent it should be referred to the Local Counter Fraud Specialist. Issue Date: March 2015 Review date: March 2018 Page - 3 -

4 5. Safe handling and storage of references References are privileged documents and as such their contents must not be divulged to the candidate nor should references be photocopied. The contents of a reference must not be disclosed to anyone other than members of the interview panel. If an applicant wishes to see their reference, they can contact the referee and request a copy. References may also be disclosed to the candidate, on written request to the HR and Communications Directorate. All referees are informed in the reference proforma that their reference may be made available to the applicant on request. References for the successful candidate will be kept in their personal file in the HR & Communications Directorate. References obtained for preferred candidates who are not subsequently employed will be kept in the references folder in a secure cabinet for a period of 3 months, and will then be securely shredded. 6. Eligibility to provide references on behalf of the Trust The direct line manager of the employee should complete a written reference request. Trust employees should not give references for colleagues, or employees on the same Agenda for Change pay band, unless they are their direct Line Managers. The HR & Communications Directorate should be contacted to confirm start/leaving dates and pay, and Salaries Department will confirm sickness absence details. All responses to a written reference should contain the following: While The Trust are pleased to provide this reference, it is given on the understanding that this is done without legal responsibility, and with the exclusion of legal liability, on the part of, and in respect of, the organisation providing the reference and the author of it, and without legal liability to the subject of it and the recipient of it. ****Please be aware however, that the above disclaimer is unlikely to be a sufficient defence if the reference you give maliciously defames the employee/ex-employee or fails to comply with a duty of care to avoid negligent mis-statement, or if the intention is to deceive the recipient of the reference****. 7. Handling requests for telephone references Staff may occasionally receive a telephone request for a reference for current or previous employees. Under no circumstances should any information be given over the telephone regarding a current or previous employee. All requests must be in writing to the appropriate manager or the HR & Communications Directorate. If you are unsure of how to handle a telephone request please transfer the call to HR & Communications. Issue Date: March 2015 Review date: March 2018 Page - 4 -

5 8. Guidance on responding to a reference request Any member of staff who receives a request for a reference for either an existing or former employee must ensure they are eligible to respond to the request (See Point 6). All staff giving written references have a duty of care to the employee to provide an honest and accurate reference. The information given must be factual, start/leaving dates, job title, responsibilities, salary, timekeeping, sickness absence and reason for leaving. Personal opinion should not be given. 9. General Advice If you need any further advice regarding the use of and requests for references please contact the HR and Communications Directorate. 10. Review This policy will be reviewed every three years by the Executive Director of Workforce and Communications in consultation with Trust Council. 11. Document Configuration Author(s): Angie Manning, HR Manager Other contributors: Approvals and endorsements: Corporate Risk Committee Consultation: Trust Council Issue no: 6 File name: CharlieS/HR/Policies/2015/PP(15)190 Reference Policy Supercedes: PP(13)190 Equality Assessed Yes Implementation Policies will be distributed by the IG Manager to General Managers, Service Managers and all Ward/Department Managers. Policy will be available on the Trust Intranet Site. Monitoring: (give brief details how Implementation, compliance and effectiveness of this will be done) this policy will be monitored by the HR & Communications Directorate on an ongoing basis. This will be achieved by monitoring the use of the policy and recording the reference requests. 100% of reference requests will be handled in accordance with the Data Protection Act Other relevant policies/documents & references: Links to Recruitment & Selection Policy PP()049 Data Protection Act 1998 Record Retention, Storage and Disposal Policy PP()170 NHS Employers Employment history and reference checks July 2012 Issue Date: March 2015 Review date: March 2018 Page - 5 -

6 Unable to comment Excellent Good Satisfactory Poor Unable to comment Excellent Good Satisfactory Poor Unable to comme Excelle nt Good Satisfa ctory Poor Confidential Reference Form Please complete this form and return it by the date below to the Human Resources and Communications Directorate, West Suffolk Hospital NHS Trust, Hardwick Lane, Bury St Edmunds, IP33 2QZ or fax on our confidential fax line ( ). This reference will be treated in confidence, but could be made available to the applicant at his/her request (under the terms of the Data Protection Act). Applicant: Job Ref No.: Post Applied for: Please return form by: How long have you known the applicant?. What was/is your professional relationship with the applicant? Line Manager Work Colleague Course Tutor Other please state:.. Dates of employment or study covered by this reference: From: To:. Professional skills and experience Further comments - continue on a separate sheet if required Clinical Skills Clinical Knowledge Technical/Operative/ Administrative Skills Organisational Skills Management Skills Attitude to work and training Further comments - continue on a separate sheet if required Willingness to Learn Contribution to the Department Punctuality Reliability Self Motivation Personality and attitude to others Further comments - continue on a separate sheet if required Ability to cope under pressure Honesty/Integrity Communication, cooperation and team working Attendance Issue Date: March 2015 Review date: March 2018 Page - 6 -

7 Disciplinary Record - Please give details of any disciplinary action in the last two years: Sickness/Attendance Record - Please confirm the applicant s sickness record in the past two years. Number of days absent.. Number of occasions absent.. Do you have any concerns about the applicant s attendance? Yes/No (delete as appropriate) If Yes please give details of your concerns: Parental Leave - Please give details of any parental leave: Additional information - Based on your objective observation of the strengths and weaknesses of the candidate please give any other information relevant to the person specification and job description: Further information may be attached to this form Safeguarding Children Do you have any reservations regarding this person working with children, young people or vulnerable adults? Yes/No If yes, please give details of your concerns This reference is based on (please tick as appropriate): General Impression Personal Observation Collective Opinion of Colleagues/Others Recommendation: Recommend without reservation Recommend with some reservation Do not recommend Please give your reasons if recommending with reservation or not recommending: Name:.... Signature.... Title/Post. Organisation..... Date reference completed. Thank you Please return this form to the HR and Communications Directorate, West Suffolk NHS Foundation Trust at the address/fax number on the front page Issue Date: March 2015 Review date: March 2018 Page - 7 -

8 APPENDIX 2 Date PRIVATE & CONFIDENTIAL Name Address1 Address2 Human Resources and Communications Hardwick Lane Bury St Edmunds Suffolk IP33 2QZ Tel: xxx Appendix 2 Dear NAME: JOB REFERENCE: POST TITLE: INTERVIEW DATE: The above applicant has applied for the above post and has given your name as a referee to whom enquiry may be made and I should be grateful if you would kindly complete the attached Reference Form. With regard to the Sickness and Absence Section, we have to comply with the recommendations made in the Clothier Report (following the Allitt Inquiry ), and request previous employers to advise us of time taken off on the grounds of sickness over the last two years. Therefore, I should be grateful if you could give details of any sickness absence, including any long absences, together with the reasons given, as I am sure you will appreciate that it will be important for us to have such details before we can make an unconditional offer of employment. In giving a reference for employees or former employees, employers are under a duty to take reasonable care and may be liable to an employee who is the subject of a reference if care is not taken and the employee suffers loss as a result. A reference needs to be true, accurate and fair and must not give a misleading impression. Please quote the job title and reference number in all correspondence. Your reference will be treated in the strictest confidence, but please do not hesitate to contact me if you wish to discuss the matter over the telephone. I would like to take this opportunity to thank you in advance for any information you are able to give. Yours sincerely HR Recruitment Assistant Enc Issue Date: March 2015 Review date: March 2018 Page - 8 -

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