Human Resources - Provision of employment references protocol (L1900)

1.0       Summary of Changes

1.1 This protocol has been updated on its 2-yearly review as follows:

• Source links have been verified and updated where applicable;
• All information contained within the protocol has been verified to ensure it remains accurate and up to date;
• Owner details updated.

2.0       What this Protocol is About

2.1 This protocol applies to police officers, police staff and members of the special constabulary for both Essex Police and Kent Police services, irrespective of their role within the organisation.

2.2 This protocol provides guidance about the provision of official employment references on behalf of the Chief Constables.

Compliance with this protocol and any governing policy is mandatory.  This protocol is not, nor is it intended to be, contractual.

3.0       Detail the Protocol

3.1 All requests for official employment references should be forwarded to the HR Function at the Business Centre for completion.

3.2 In line with data protection regulations, employment references will only be provided with the appropriate consent from the individual.  This must be supplied by the requesting organisation.

3.3 Where any reference is provided, the Force is obliged for the content to be accurate and not to be negligent.  In this instance, the meaning of ‘negligent’ is based on the obligation to ensure that an individual or organisation does not suffer damage because of a breach of duty of care.

3.4 A duty is owed to the person seeking the reference, not to be negligent, on the understanding that the individual will be relying on the content of the reference.

3.5 The content of the reference must be true and accurate, and it must not be negligent or misleading by any omission.  Officers or employers are no longer able to rely on the defence of ‘qualified privilege’ under defamation law, where there was previously a protection from liability for untrue statements so long as the views expressed were held honestly and the truth of them believed in.

3.6 The reference is provided for the assistance of the employee as well as the assistance of the future employer.  The Force owes the same duty of care in respect of the preparation of references for former and existing employees and an obligation not to express unfounded opinions but to ensure the accuracy of facts.

3.7 The Force is liable to damage claims from either the recipient or the subject of a reference where it is proven that the reference was negligently prepared.  This underlines the importance of ensuring the careful preparation and accuracy of references.

3.8 Should an officer or employee be dismissed or resign during a formal disciplinary or capability process, this factual information will be recorded on Force systems.  In normal circumstances this information will be disclosed in any employment reference request completed by the Force, the content being assessed on a case-by-case basis.

3.9      Provision of Personal References

3.9.1 Those providing a personal reference must be mindful of the confidentiality of police information.  Where a member of police staff or police officer provides any reference in a private as opposed to professional capacity, then he or she will make this clear to the intended recipient and will emphasise that it is being provided in a private capacity and no police information has been accessed or disclosed in giving such a reference.

4.0       Equality Impact Assessment

EIA - pending

5.0       Risk Assessment

5.1 There are no specific risk assessments associated with this protocol.  However there are potential organisational risks relating to the reputation of both Essex Police and Kent Police that would arise from a failure to effectively implement the procedure detailed within this document.

6.0       Consultation

6.1 The following have been consulted during the formulation of this document:

• Unison
• Federation
• Health & Safety
• Diversity
• HR Teams

 

7.0      Monitoring and Review

7.1 This protocol will be reviewed by, or on behalf of, the HR Delivery Manager every 2 years to ensure it remains up to date with current legislation and is fit for purpose.

8.0      Governing force policy.
Related force policies or related protocols, procedures (Essex) / linked standard operating procedures (Kent)

8.1 This HR protocol supports the overarching policy L1.

8.2      Data Security

8.2.1 Essex Police and Kent Police have measures in place to protect the security of data in accordance with our Information Management Policy.

8.3      Retention & Disposal of Records

8.3.1 Essex Police and Kent Police will hold data in accordance with our Records Review, Retention & Disposal Policy.

8.3.2 We will only hold data for as long as necessary for the purposes for which we collected.

9.0      Other source documents, e.g., Legislation, APP, Force forms, partnership agreements (if applicable)

9.1 There are no other source documents.

Protocol author:                        HR Partner

Protocol owner:                        HR Delivery Manager

Policy reference: Provision of employment references protocol (L1900)
Contact point: HR Delivery Manager
Date last reviewed: 

If you require any further information or to request any documentation referenced within the policy please email [email protected]. For general enquiries, contact us.