Provision of References Policy and Procedure - Dorset Police

Not Protected• Provision of References Policyand ProcedureReference No. P10:2012Implementation date March 2013Version Number 1.0Reference No:Name.Linked documentsP14:2002 Police Staff Recruitment and Selection PolicyP33:2009 Transferees Recruitment and Rejoiners ProcedureNPIA Circular 02/2011 – Police Officer Recruitment Eligibility Criteriafor the Role of Police ConstablesPolicy SectionProcedure SectionYesYesSuitable for PublicationProtective MarkingNot Protectively MarkedPRINTED VERSIONS SHOULD NOT BE RELIED UPON. THE MOST UP TO DATEVERSION CAN BE FOUND ON THE FORCE INTRANET POLICIES SITE.1

Not ProtectedTable of Contents1 Policy Section .......................................................................................................................31.1 Statement of Intent – Aim and Rationale .........................................................................31.2 Visions and Values ..........................................................................................................31.3 Securing Trust and Confidence .......................................................................................32 Standards ..............................................................................................................................32.1 Legal Basis ......................................................................................................................32.2 People, Confidence and Equality Impact Assessment.....................................................42.3 Monitoring / Feedback .....................................................................................................43 Procedure Section ................................................................................................................53.1 Employment References..................................................................................................53.2 Reference Requests for Officers Transferring to Other Forces........................................53.3 Requests for Other Types of References.........................................................................63.4 Records ...........................................................................................................................73.5 Acceptance of References for Recruitment to Dorset Police ...........................................74 Consultation and Authorisation ..........................................................................................74.1 Consultation.....................................................................................................................74.2 Authorisation of this version.............................................................................................75 Version Control .....................................................................................................................85.1 Review .............................................................................................................................85.2 Version History ................................................................................................................85.3 Related Forms .................................................................................................................95.4 Document History ............................................................................................................9Provision of References Policy and Procedure P10:2012 V1.0 2

Not Protected1 Policy Section1.1 Statement of Intent – Aim and RationaleThe purpose of this policy is to provide clear guidance and procedures to the Force inrelation to the provision of Employment and Financial references (work related) andcharacter references (non-work related).When providing a reference the Force owes a duty of care to existing and formermembers of staff. There is also a moral obligation on the Force to supply meaningfulreferences to other employers however it also needs to protect itself against potentiallegal claims.1.2 Visions and ValuesDorset Police is committed to the principles of “One Team, One Vision” – A SaferDorset for You”Our strategic priority is to achieve two clear objectives:• To Make Dorset Safer• To Make Dorset Feel SaferIn doing this we will act in accordance with Our Values of:• Integrity• Professionalism• Fairness and• Respect1.3 Securing Trust and ConfidenceThis document seeks to achieve the Priority to Make Dorset Feel Safer by SecuringTrust and Confidence. Research identifies that this is achieved through deliveringservices which:1. Addresses individual needs and expectations2. Improve perceptions of order and community cohesion3. Focus on Community Priorities4. Demonstrate Professionalism5. Express Force values6. Instil confidence in staff2 Standards2.1 Legal BasisProvision of References Policy and Procedure P10:2012 V1.0 3

Not ProtectedThere is no detailed legislation specifically designed to deal with the provision ofreferences to employees in all occupations. However the following legislation isrelevant:• The Unfair Contract Terms Act 1977 may apply to attempts to disclaim liability fora reference.• The Financial Services and Markets Act 2000 Act applies to the provision ofreferences, and employers engaged in the provision of financial servicesgoverned by this Act are bound to supply references.• The Data Protection Act 1998 may also apply to the processing of information inthe provision of a reference.It is also worth noting that discriminatory and detrimental acts committed by anyemployer after termination of an employee's contract of employment are within theremit of the Equality Act 2010 and the detriment provisions of the Employment RightsAct 1996.2.2 People, Confidence and Equality Impact AssessmentDuring the creation of this document, this business area is subject to an assessmentprocess entitled “People, Confidence and Equality Impact Assessment (EIA)”. Its aimis to establish the impact of the business area on all people and to also ensure that itcomplies with the requirements imposed by a range of legislation.2.3 Monitoring / FeedbackThe HR Service Support Manager is responsible for day-to-day supervision of theprovision of references. There is a quality assured procedure in existence andreferences are authorised, prior to issue. Exceptions are reported to the HR ServiceSupport Manager. The HR Specialist (Employee Relations) has overall responsibilityfor overseeing this procedure to ensure a consistent Force approach is maintained,and will review the policy every two years.Feedback relating to this procedure can be made in writing or by e-mail to:Address: HR Specialist (Employee Relations), Human Resources, Dorset Police,Winfrith, Dorset, DT2 8DZE-mail:Human-resources@dorset.pnn.police.ukTelephone: 01305 223764Provision of References Policy and Procedure P10:2012 V1.0 4

Not Protected3 Procedure Section3.1 Employment References3.1.1 In order to ensure only up-to-date and accurate information is provided in references,only written references will be provided and all employment references will be writtencentrally by the HR Service Support Team. When drafting employment referencesthe HR Service Support Team will consider the following best practice/advice:3.1.2 References do not need to be full and comprehensive and should only includeinformation which is known to be correct and can be supported and must be true, fairand reasonable and must not be misleading in the overall impression given to therecipient.3.1.3 Therefore employment references will include:• Start date of employment• End date of employment (for ex-officers and ex-police staff)• The job title in which the individual is/was employed• The reason for leaving (for ex-officers and ex-police staff)• In the case where a member of staff was dismissed and an appeal has beenmade this will be disclosed.• Where the reference requests information around ongoing disciplinaryinvestigations and/or whether the individual resigned prior to the conclusionof a disciplinary investigation, this will also be disclosed.3.1.4 References will not include reference to number of days’ sickness or reasons forsickness without the individual’s consent, as this is classified as ‘sensitive personalinformation’ under the Data Protection Act 1998.3.1.5 References are not confidential; therefore the assumption is that the individual mayview their reference at this time, or in the future.3.1.6 Following the above guidelines should prevent the Force being open to claims that thereference maliciously defamed the subject, intended to deceive a potential employer,or did not maintain the necessary duty of care.3.2 Reference Requests for Officers Transferring to Other Forces3.2.1 When an officer applies to transfer to another Force, the Human Resources ServiceSupport Team will provide to that Force:• The officer’s start date with Dorset Police• The start date with any previous Force• Current posting• A copy of the officer’s computerised personal record excluding sickness record;but including initial course reports and latest annual performance reviews.3.2.2 Where there are no outstanding complaints or other disciplinary matters this will beconfirmed by the HR Service Support Team, however if there are outstandingcomplaints or other disciplinary matters these will be communicated to the prospectivenew force by the Professional Standards Department.Provision of References Policy and Procedure P10:2012 V1.0 5

Not Protected3.3 Requests for Other Types of References3.3.1 Reference request pro-formas / ‘tick-box’ references.Many employers send requests for ‘tick-box’ references to be completed. Theseshould not be completed, but a reference as detailed in paragraph 3.1 will be provided.The purpose of which is to ensure consistency across the Force for the provision ofreferences. This will ensure fairness to individuals and minimise the risk of providingpotentially libellous information.3.3.2 Verbal/Telephone referencesManagers and staff members/officers should not get drawn into providing verbalreferences or references over the telephone. During these conversations it is possiblethat managers could be led to disclose inappropriate personal information about thesubject of the reference. Information provided over the telephone could lead aprospective employer to either not offer, or withdraw an offer, of appointment, andtherefore the Force would be vulnerable to a claim.3.3.3 It is equally important for members of staff and managers to be mindful not to provideany information about colleagues/former employees to a third party. This extends tocasual comments about colleagues or ex-employees, as information provided in thisway could be used as a character reference by the other party involved, with or withoutconsent.3.3.4 Financial ReferencesUnless it is a request for information from a Government Department, no personal orfinancial information should be provided unless signed approval has been receivedfrom the existing or former member of staff in question.The Payroll Unit will provide confirmation of salary details for building societies,mortgage applications, property rental etc and all applications of this nature should beforwarded to the Payroll Unit.3.3.5 Vetting ReferencesIf a reference request relates to the vetting of individuals the matter should be passedto the Force Vetting Unit.3.3.6 Character ReferencesPolice officers and police staff may provide a character reference for workcolleagues/friends. The reference must only be given in the officer’s or staff member’spersonal capacity (ie not as a police officer, or police staff, but from his/her homeaddress) and must not be on Dorset Police headed paper, or bear any reference toDorset Police.3.3.7 There is an obvious particular danger in police officers stating their occupation asthose persons reading the reference may assume a trust and confidence in theinformation provided above that of other referees. Officers should not placethemselves in a position where their impartiality and credibility could be challenged.3.3.8 Police officers, and other professionals within the organisation (eg members of policestaff with a professional qualification) are often asked by members of the public knownto them to complete official forms such as passport applications to confirm theindividual is who they say they are. In these circumstances it is for the individualProvision of References Policy and Procedure P10:2012 V1.0 6

Not Protectedofficer or member of staff concerned to be satisfied that the person is known to themand that they are who they say they are. Officers and staff are reminded that theymust not use Force systems to verify the identity of members of the public for thispurpose.3.4 Records3.4.1 A copy of any employment reference supplied on behalf of the Force must be kept onthe individual’s personal file.3.4.2 No references provided are confidential (as per paragraph 3.1.5 above) and thereforethe individual may view them if they so request.3.4.3 References given to Dorset Police by external providers during the recruitment andselection process will be kept on the individual’s personal file. These can be viewedby the individual only if the external provider has expressly consented to the release ofthe document to the individual. If there is no consent, the individual must make directcontact with the source of that reference (or seek a court order against the provider ofthe reference to seek access to the document if consent is not given).3.5 Acceptance of References for Recruitment to Dorset Police3.5.1 Please refer to the Police Staff Recruitment and Selection Policy, the TransfereeRecruitment and Rejoiners Procedure and Police Officer National Guidance whichdetail the policies adopted by Dorset Police in respect of references which aresatisfactory to Dorset Police and satisfy vetting requirements.4 Consultation and Authorisation4.1 ConsultationVersion No: 1.0 Name Rank/Role DatePolice & CrimeCommissionerPolice Federation Sgt A Eggleston 26/2/13SuperintendentsAssociationSupt M Cooper 21/3/13UNISON Mrs D Potter 28/2/13Other RelevantPartners(if applicable)4.2 Authorisation of this versionVersion No: 1.0 Name Rank/Role DateProvision of References Policy and Procedure P10:2012 V1.0 7

Prepared:Qualityassured:Authorised:Approved:Not ProtectedMrs E Jacobs, HR Specialist,Employee Relations.Mr I Coombs, HR Specialist,Absence and Wellbeing.Mr P Channon, Head ofPersonnel Services.Mr G Smith, Director of HumanResources7/2/137/2/137/2/137/2/135 Version Control5.1 ReviewDate of next scheduled review Date: 11 March 20155.2 Version HistoryVersion Date Reason for Change Created / Amended by1.0 11 March Initial DocumentMrs E Jacobs2013Provision of References Policy and Procedure P10:2012 V1.0 8

Not Protected5.3 Related FormsForce Ref. No. Title / Name VersionNo.Review Date5.4 Document HistoryPresent Portfolio HolderMr G Smith, Director of HumanResourcesPresent Document OwnerMr P Channon, Head of PersonnelServicesPresent Owning DepartmentHuman ResourcesDetails only required for version 1.0 and any major amendment ie 2.0 or 3.0:Name of Board:Workforce Planning BoardDate Approved: 11 March 2013Chief Officer Approving:Mr G SmithTemplate version January 2013Provision of References Policy and Procedure P10:2012 V1.0 9