Features

HR Update - Keep references strictly accurate

As a nursery owner you are responsible for ensuring the suitability of the people you recruit to work in your setting, and there are many things to consider to ensure you comply with employment legislation and the safeguarding of children.

A key part of the process is dealing with references, but this is something nursery managers often find difficult, says Jacqui Mann, managing director of HR4 Nurseries (www.hr4nurseries.co.uk)

When you send an offer letter and contract to a successful applicant, you should ask them to provide you with the contact details for two referees. You can stipulate that they must both be employers and one must be their last employer. Make sure you mark the reference 'private and confidential' and for the attention of the named referee. If an applicant has not been employed before, they may only be able to provide the details for personal referees who will not provide you with the information you require.

So what is the purpose of a reference? The point is to obtain information about a candidate's employment history, qualifications and experience and an assessment of their suitability for the job. You may want information on length of previous employment, job title, details of responsibilities, abilities, overall performance, time-keeping and reason for leaving. There is, of course, no guarantee that you will receive a reference, as an employer can refuse to provide one - there is no statutory duty to provide a former or existing employee with a reference. Since the introduction of the Equality Act 2010, though, employers could face a claim for discrimination if they do not provide a reference for a discriminatory reason.

I am often asked by nursery owners if they should request a written reference or if they can telephone the former employer. If you request a written reference, you are giving the referee more time to consider the information they will be supplying to you. If you telephone the referee, you must keep accurate records of the telephone reference given. It is also difficult to know if the person you are speaking to is the actual referee.

When you complete a reference for a former employee you need to be cautious. The reference must be accurate and not give any misleading information. Increasingly, employers now only provide the bare minimum reference which includes job title, dates of employment, salary and absence. Under the Equality Act 2010, it is unlawful to ask candidates about their health before they have received a job offer. If you provide the number of absence days in a reference, make sure that any absences you include are not related to a protected characteristic or it may lead to a claim for indirect discrimination.

It is common for a nursery to have a policy that provides a bare minimum reference. This should be communicated and applied consistently to all employees, and not be used as a means of concealing something serious. Remember when writing a reference to keep it factual and don't write anything that you might later regret.