A poor or delayed reference after a job offer

A poor reference does not automatically end a conditional offer, and a late one should not either. Acas says a reference can be negative as long as it is fair and accurate, and an employer that is unsure about something in it should talk to you before withdrawing the offer. If a reference simply has not arrived, your offer is usually just on hold.

What a reference has to get right

Acas says a reference must not be misleading, inaccurate or discriminatory. If it is fair and accurate, though, it can still show you are unsuitable for a job. Acas gives the example of a reference saying someone was investigated for theft when the investigation found no theft.

NHS Employers points out that no law obliges an employer to provide references, although they are widely expected for former employees. They should be factual, in writing and fair, and uninvestigated allegations should be left out. A short reference giving your dates and job title is therefore normal and tells the new employer nothing bad about you.

For more on how employers use the references in public sector hiring, see References in public sector recruitment.

If the reference is negative

Acas suggests you talk to the new employer. Ask what their concerns are, give evidence if the reference was wrong, offer other referees, or suggest a probationary period so they can judge your work. HR teams in the public sector deal with this regularly, and a calm, documented reply carries weight.

You can ask for a copy of the reference from the referee or the new employer, and Acas suggests putting the request in writing. The reference may have been given in confidence, which can restrict what you are shown under UK GDPR.

If the matter is not resolved, Acas lists options: a complaint to your employer, an employment tribunal claim for discrimination, or a county or sheriff court claim if a misleading or inaccurate reference caused you a loss. You cannot pursue both a tribunal and a court claim over the same issue. Acas gives the strict tribunal time limit for a discrimination claim as “3 months minus 1 day”, so speak to the Acas helpline, a union or a solicitor quickly. See also Your rights about references.

If the employer withdraws the offer over a reference

The offer is conditional, so an employer can withdraw it when a condition such as satisfactory references is not met. Acas names two situations where you could complain: the employer refuses to show you the reference, or it withdraws the offer with no other legitimate reason. If all conditions were met and the offer is withdrawn anyway, that could be a breach of contract.

Employers do not have to give a reason, but you can ask for one in writing. If a withdrawal could be linked to a protected characteristic, such as disability or pregnancy, that could break discrimination law. Conditional job offers covers the other grounds for withdrawal.

If the reference is late

Late references are common, and public sector HR teams chase them. You can help by doing the following:

• ask HR which reference is outstanding and who they have contacted
• warn your referee that a request is coming, and check the contact details are correct
• offer a second referee if the first is on leave or slow
• tell HR early if non-English references need a translated copy, since NHS Employers says this should be flagged to avoid delays

If your last employer has closed or you cannot get a reference, NHS Employers says employers should have a policy. Where a former employer has ceased trading, they can seek a reference from your last known employer and a character reference. What to do if you cannot get a reference goes through the options.

What to check

Ask HR in writing whether the reference condition has been met, and what they are waiting for if it has not. Check that your referee knows the dates you gave on your application, since a mismatch is the sort of thing that prompts questions.

Do not hand in your notice until the reference condition is cleared in writing. Keep copies of every email with HR and your referee, so you can show what was asked and when.