References policy (PS 314)

This policy provides general guidelines for providing reference checks for current and former employees and advising who will provide the employment reference/reference on behalf of Nottinghamshire Police and the Office of the Police and Crime Commissioner (OPCC) to ensure a fair and consistent approach.

Nottinghamshire Police and the OPCC are not required by law to give an employment reference. However, as we are seeking to support our officers, police staff, staff of the OPCC, volunteers, we will provide factual, basic employment references and details of work completed as a volunteer in line with our commitment to develop a workforce fit for the future. This policy will identify who can provide references and the details contained therein.

POLICY STATEMENT

The policy applies to:

• All police officers current and former
• All police staff and OPCC staff current and former
• Special constables current and former
• Volunteers current and former

Individuals who are subject to formal offer of employment/service, upon request can have a reference completed for financial institutes or letting agencies.

This policy does not apply to contractors or agency workers.

This policy should be read in conjunction with PS 137 Giving Evidence of Character in non-work-related proceedings policy.

Providing an employment reference/reference

On request from a potential employer, Nottinghamshire Police and the OPCC will provide a basic, factual reference with a summary of individual’s employment/service, most recent position and/or period worked. For example, your job title and the dates you worked for Nottinghamshire Police and the OPCC.

On the reference request, the requestor will need to provide the individual’s personal details i.e. name, date of birth with their national insurance number. This is to ensure that the basic information provided is based on the correct individual.

In misconduct cases, the following information will also be included in the reference/employment reference for Nottinghamshire Police or the OPCC:

• Subject to a gross misconduct investigation
• Subject to a misconduct investigation which may ultimately lead to dismissal
• Dismissed following a gross misconduct investigation
• Dismissed following a misconduct investigation
• Resigned/retired or left whilst undergoing a gross misconduct investigation
• Resigned/retired or left whilst undergoing a misconduct investigation which may ultimately lead to dismissal

The specific details of the individual’s misconduct will not be provided by Nottinghamshire Police or the OPCC either verbally or in writing. Individuals may choose to provide the further details regarding the misconduct to their prospective employer.

As a public sector organisation, it is appropriate to share this additional information in order for the prospective organisation to make an informed decision regarding the individual’s employment.

All employment references/references should only be provided by People Services and not by the individual’s line manager.

Individual’s must provide their signed consent in writing or via an email in order for People Services to provide an employment reference/reference. If an individual chooses not to provide their consent, we will not provide the employment reference/reference but will inform the requestor that consent was not provided.

References are provided in good faith and in confidence, without legal liability on behalf of the author or Nottinghamshire Police or the OPCC.

Telephone or verbal references

Requests for telephone or verbal references will not be provided to minimise the risk of misinterpretation.

Personal references

Line managers should not provide personal employment references for present and past police staff, staff of the OPCC, police officers or volunteers of Nottinghamshire Police or the OPCC.

Should line managers wish to provide a personal reference this must be done in a personal capacity and in line with the guidance set out in this policy and the PS 137 Policy ‘Giving Evidence of character in non-work-related proceedings.

If individuals are asked to provide a reference in a personal capacity (e.g. as a friend or one of the exceptions in PS137) individuals must make this clear and not use Nottinghamshire Police or the OPCC letter headed stationery or electronic correspondence, use a Nottinghamshire Police or OPCC address, for any personal reference or testimonial. No liability will be attached to Nottinghamshire Police or the OPCC if individual police staff, staff of the OPCC, police officers or volunteers decide to act in a personal capacity as a personal referee.

Unsatisfactory references

The potential employer may wish to discuss the employment reference, as it may be different to what the candidate has advised. People Services will not provide any further details around dismissal/misconduct and/or resignation pending a disciplinary hearing but the individual can choose to discuss this further with their prospective employer.

Transferee/Re-joiner Requests (transferring or re-joining another police force)

On request from another police force, People Services will provide a basic, factual reference with a summary of individual’s service and the period that they worked for Nottinghamshire Police. People Services may also provide details of salary and/or housing/rent allowance (if applicable).

If the other force requires, vetting, misconduct and/or complaint information this will be dealt with directly by the Nottinghamshire Police, Professional Standards Directorate team.

If the force that the individual is transferring or re-joining requires details that are not basic/factual, People Services will discuss this with the transferee whether it is appropriate to provide. Individuals may choose to provide to the force that they are transferring to or re-joining details of their career conversations and courses that they have attended and/or those that the individual have successfully achieved the required grade.

Individuals who choose to share their Career Conversations should ensure that other individual and operational information is redacted where appropriate.

Confidentiality and disclosure of references

All references are given in confidence but Nottinghamshire Police or the OPCC or the recipient may be required to disclose a reference under circumstances, such as a request for disclosure by an Employment Tribunal or a Court dealing with a negligence or defamation case.

References received from another person are likely to be covered by the Data protection Act 1998 (DPA). An individual can have access to information which is about them, but not necessarily have access to information about other people, including their opinion, provided in confidence.

Although it is not a legal requirement, it is best practice to operate an open recruitment and selection procedure with any references written being copied to the subject, if requested. Subject to the provisions of the DPA, it is Nottinghamshire Police’s and the OPCC’s practice, therefore, that where an individual member of staff gives notice to People Services that they wish to see the contents of their HR file, their request is accommodated.

Reference Requests for Financial Institutes or Letting Agencies

Reference requests from Financial Institutes or Letting Agencies will be provided by the Finance Department and will include employment/service dates and salary details. If individuals have not joined but require a reference to secure a mortgage or rental accommodation this can be provided if a formal offer of employment/service has been issued. The reference should state a formal offer of employment has been made and the proposed start date of employment/service.

Agreed References

In exceptional circumstances where a settlement agreement/protected conversation*, has been undertaken an agreed employment reference can form part of the settlement agreement. In these cases, the agreed reference will be provided to perspective employers.

"Settlement agreement": An agreement reached between an employer and an employee following pre-termination negotiations to end the employment relationship on agreed terms and usually on a confidential basis. The employee agrees not to bring tribunal or court claim about the issues covered in the agreement, usually in return for a compensation payment.

STATEMENT OF LEGISLATIVE COMPLIANCE

This document has been drafted to comply with the general and specific duties in the Equality Act 2010; Data Protection Act; Freedom of Information Act; European Convention on Human Rights; Employment Act 2002; Employment Relations Act 1999, Immigration Act 2016 and other legislation relevant to policing.

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PS 314:
References

Type of Document:
Policy

Version:
1.1

Registered Owner:
Head of People Services and Organisational Development

Author/Reviewer:
Sue Sullivan

Effective Date:
July 2023

Review Date:
July 2026

Replaces Document (if applicable):
N/A

Linked Documents:
PS 137 Giving Evidence of Character in non-work related proceedings policy