How to check references without breaking rules or trust

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To check references fairly, ask the candidate for permission, contact only the referees they name, ask the same job-related questions of every referee, write down the answers, and use them to confirm what you learned in the interview. Do not use references to look for private information, and do not let one comment decide the outcome without a check.

Key takeaways

  • Check references after you have chosen a preferred candidate, and before you make an unconditional offer.
  • Always ask for the candidate’s consent and tell them who you will contact.
  • Ask all referees the same questions, based on the must-haves of the role.
  • Treat the answers as one piece of evidence. Look for patterns, not a single remark.
  • Keep notes secure and share them only with people who decide. Delete them on schedule.
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Why references are worth a short call

References do three jobs. They confirm facts, such as the job title and dates. They give you a second view of how the person works. And they help you plan the first months, because a good referee can say what support the person needs. They are not a test of character, and they are not a reason to ask about private life. A short, structured call of 15 minutes is enough.

References have limits. Many referees only confirm dates and title because of company policy or fear of legal risk. Others are friendly and say only good things. Treat the reference as a supporting signal, together with the interview scorecard and any work sample. Our article on the interview scorecard shows how to keep the main evidence in one place.

The rules before you call

RuleWhat it means in practice
Get consentTell the candidate you will contact referees and ask for names and contact details. Do not contact the current employer without permission, because it can put the candidate’s job at risk
Use named referees firstAsk for two or three people who worked with the candidate. A manager is best. Add a colleague or client if the candidate cannot name a manager
Time the checkDo it after you have a preferred candidate, so that you ask for fewer people to spend time, and make any offer conditional on satisfactory references if needed
Keep it job-relatedAsk about the work: tasks, results, reliability and teamwork. Do not ask about health, family, age or other protected traits
Apply the same process to all finalistsSame questions, same steps, same notes
Handle data lawfullyYou are collecting personal data. In the UK and EU, data protection law applies and the candidate may have the right to see what you hold. In the US, rules differ by state and by type of check

For data protection basics, see the UK Information Commissioner’s Office pages on employment information. For the EU, the GDPR text sets the principles, and your national data protection authority gives local guidance. In the US, if you use an outside company to prepare a background report, the Federal Trade Commission explains your duties under the Fair Credit Reporting Act in its page Background Checks: What Employers Need to Know.

Step-by-step process

Step 1: Ask the candidate

Send a short message after the final interview. Example: “We would like to take up two references before we make an offer. Could you send the name, role and contact details of two people who have managed you or worked closely with you, and tell us the best time to call? We will not contact your current employer without your permission.”

Step 2: Send the referee a short note

Contact the referee by email and offer a call or a short written form. Example: “[Candidate] has applied for a [role] at [business] and gave your name as a referee. May I ask you a few questions about their work with you? It will take about 15 minutes. Please tell me a time that suits you, or reply by email.”

Step 3: Ask the same questions

Open with the facts: dates, title, and the nature of the relationship. Then ask the job-related questions below. Write the answers as the person speaks.

Step 4: Check and record

After the call, write a three-line summary: what was confirmed, what was new and what was unclear. Mark each must-have as supported, not supported or no information. Store the notes with the candidate’s file.

Step 5: Follow up on anything unclear

If a comment worries you, give the candidate a chance to explain, using neutral words: “A referee mentioned that deadlines were sometimes difficult. Can you tell me more about that?” Then decide using all of the evidence.

Question bank

TopicQuestionWhy it helps
FactsCan you confirm the dates of employment and the job title?Checks the CV
RelationshipHow do you know the candidate, and for how long?Shows how well the referee knows the work
TasksWhat were the main tasks and responsibilities?Checks fit with your tasks
ResultsWhat did the candidate achieve that you remember best?Checks evidence of results
ReliabilityHow did the candidate manage deadlines and attendance?Checks dependability. Ask in a neutral way. Do not ask about health or family
TeamworkHow did the candidate work with others?Checks cooperation
LearningHow did the candidate respond to feedback?Checks growth
SupportWhat support helped the candidate do their best work?Helps you plan onboarding
RehireWould you work with this person again, and in what kind of role?Gives an overall signal
OpenIs there anything else I should know about the work?Allows extra context

Keep a scale for your own use, for example 1 to 4, and define it in words. Do not read hints into short or cautious answers. Many referees give brief replies because of policy. If a referee will only confirm dates and title, accept this and rely on other evidence.

Written or by phone?

MethodStrengthsWeaknesses
Phone callRicher detail, can ask follow-ups, hear toneNeeds scheduling; harder to record exactly
Email or online formEasy for referees; written recordLess detail; referees may write general praise
Short video callSimilar to phoneNeeds a time slot

For a small business, a 15-minute call with a short form for the notes is usually best. Offer the referee a written option if they prefer. Always follow their wishes regarding how their words are recorded and shared.

Red flags and green flags

SignalHow to treat it
Facts differ from the CV (dates, title)Ask the candidate to explain. Mistakes happen. Look for patterns
The referee is a friend or relative posing as a managerAsk for another referee from a work setting
The referee refuses to talkAccept. Rely on other evidence. This is common
Several referees mention the same concernTake it seriously. Discuss it with the candidate
All referees describe the same strengths as you saw in the interviewA good sign; confirm the evidence on the scorecard
One referee is negative and others are positiveLook for context: different roles, different managers. Do not decide on one voice

What not to do

  • Do not contact a current employer without permission.
  • Do not ask referees about protected traits or private life.
  • Do not use social media comments in place of a reference.
  • Do not share one referee’s words with the candidate in a way that reveals who said them, unless the referee agreed.
  • Do not delay the process for weeks. Candidates may accept other offers.
  • Do not make a final offer to someone you have not checked, when the role needs trust, for example handling money or working with vulnerable people. Follow the legal checks for such roles.

Some roles need formal checks, such as right-to-work, criminal record or professional licence checks. These are different from references. Use the official guidance: in the UK, GOV.UK: checks employers can make on job applicants; in the US, the FTC page above; in the EU, your national rules. Do them only when the law allows and the role requires. See our first hire plan for the order of steps.

A sample note sheet

FieldEntry
Candidate / role
Referee name, role, relationship
Date and method
Facts confirmed (dates, title)
Must-have 1: evidence
Must-have 2: evidence
Must-have 3: evidence
Concerns raised
Rehire answer
Summary in three lines

A worked example (fictional)

This example is invented. A small design studio plans to hire a project coordinator. The preferred candidate gives two referees: a former manager and a client. The must-haves are “keeps projects on schedule”, “communicates clearly with clients” and “works well in a small team”.

Must-haveWhat the manager said (summary)What the client said (summary)Result
Keeps projects on scheduleDelivered eight projects in two years; one slipped by a week because a client changed the briefAlways sent early warning when dates movedSupported
Communicates clearly with clientsWrote the weekly update that clients likedReplies were fast and clearSupported
Works well in a small teamHelped train a new colleagueNo informationPartly supported
ConcernNeeded support when handling several urgent tasks at onceNo concernDiscuss with candidate

The studio then asked the candidate a neutral question: “Your former manager mentioned that urgent tasks were hard to handle at once. Can you tell me how you organise your work when everything arrives together?” The candidate described a daily list and a rule for escalating. The studio recorded the answer, noted the need for a clear priority system in onboarding, and made the offer. The reference check helped plan support, rather than only rule the person in or out.

Message templates

Reply to a referee who wants to give a written answer

“Thank you. Please reply to these four questions: What were the main tasks? What results do you remember best? How did the person handle deadlines? Would you work with them again, and in what role? Your answers will be kept only for the hiring decision and shared with the people who decide.”

Message to a candidate when a referee raises a concern

“Thank you for the references. One of them mentioned [neutral description of the point, without naming the person]. I would like to hear your view. Can you tell me more about it?”

Message to a candidate after a satisfactory check

“The references we received support what we heard in your interview. We would like to make you an offer. I will send the details by [date].”

Timeline for a quick check

DayAction
Day 1Final interview ends; send reference request to the candidate
Day 2Candidate sends names; you contact referees
Days 3 to 4Calls or written replies; write summaries
Day 5Decide, call the candidate, send the offer or the outcome

A five-day timeline respects the candidate’s time. If a referee is slow, tell the candidate and ask for a back-up referee. Do not leave a good candidate without news for a week.

Frequently asked questions

When should I check references?

After you have a preferred candidate and before you make an unconditional offer. Tell the candidate in advance.

Can I call the current employer?

Only with the candidate’s permission. Contacting it without consent can put the person’s job at risk.

How many references do I need?

Two is enough for most small business roles. Add one more only if the first two leave key questions open.

What if a former employer will only confirm dates?

Accept this. Many employers have this policy. Use the interview, work sample and other referees for evidence.

Do I need the candidate’s consent in every country?

Consent or another lawful basis is needed under data protection law in the UK and EU. Even where it is not strictly required, asking is fair and respectful. Check local rules.

Related guides

This is general information, not legal advice.