Two satisfactory references

Candidates taking up a position which involves working with, caring for or attending a child must have two written references (these cannot be from relatives) and have given their consent for these references to be passed on to the client before they can commence work.

When employing staff, you must check references thoroughly before they start work. This means following up any areas for clarification, confirmation or concern.

If you don’t, you could be in breach of the early years foundation stage (EYFS) safeguarding and welfare requirements. This could trigger a referral to Ofsted.

When requesting references:

Approval from the candidate to contact the referees whose details they have provided must always be acquired before contacting referees, this can be done verbally or by email. 

References should always be obtained from the candidate’s current employer. Where a candidate is not currently employed, verification of their most recent period of employment and reasons for leaving should be obtained from the school, college, local authority or organisation at which they were employed.

Wherever possible, obtain a reference relating to a previous role in which the

applicant worked with children. If the person is not currently working with

children, also obtain a reference from the person’s current employer.

It is crucial to obtain a reference from the person’s current employer/ manager

and not simply a peer colleague who may not be aware of any safeguarding

concerns/ investigations or disciplinary action.

If the candidate has indicated that s/he does not want a reference to be

requested from the current employer, the reasons for this should be followed

up with the candidate. Consider further action that may need to be taken if

there are concerns.

If the candidate has not been previously employed in any capacity or is or has

been working independently or on a freelance basis, ensure that the referees

named in the application form are not solely a friend or family member i.e.

those who may not provide an objective/ unbiased reference.

You should be provided with a minimum of 2 referees.

When providing references:

Don’t delay giving a reference for past or current employees applying for work at another early years and childcare setting.

If you employed that person a while ago, mention it in the reference and be clear about the dates.

No employer is obliged to provide a narrative reference – even schools – and there is nothing in the Early Years Foundation Stage (EYFS) about providing or gaining qualitative references. All that can be insisted upon is an answer to the questions about suitability.

Under the Safeguarding Vulnerable Groups Act 2006 the employer has a responsibility to state if there has been any safeguarding concern or allegation about the member of staff.

This might be followed up with a specific question, for example, “has there been any allegation or concern about this person’s suitability to work with children? Yes / No”.

When providing a job reference, the employer-referee will be under a duty to both the employee and prospective new employer to take reasonable care to ensure that the information given is neither false nor misleading.

This essentially means that the reference must not be deliberately disparaging, either to sabotage the employee’s chances of securing alternative employment or for any other reason. The reference must also not give an impression which is either unfairly negative or misleadingly positive.

If a reference is unfairly negative, the employee may seek to claim compensation in cases where this has cost them a valuable job opportunity. Equally, for the new employer who has wasted recruitment costs in reliance on a positive but misleading reference, they too may seek to recover their losses from the employer who provided that inaccurate information.

These types of claims are rare but, as a matter of best practice, it is always best to avoid any statements that are likely to expose the employer-referee to a risk of litigation. Even if the employer can defend any claim, this process can be costly and time-consuming.

It is also important to ensure that any statements made are not in any way discriminatory, for example, where a negative statement is made relating to one of the protected characteristics as set out under the Equality Act 2010, such as age, sex, disability or race.

If we can be of any assistance with any aspect of referencing or HR Admin, please call the team and ask about Vryfi on 01527 306095.