Referees should read the subject’s file carefully at the time they are writing the reference and should not rely on memory. This can help to avoid any confusion or potential ill feeling. Alternatively, it could be explained directly to the subject why a reference will not be provided. Where such a refusal is indicated to a potential employer or to another institution, the refusal should be carefully worded so as not to imply that any reference supplied would be negative. There is no legal obligation to provide a reference but a refusal to supply a reference should only be made with good reason. Staff and students should be told to ask permission before giving the name of a member of staff as a referee. If the reference was given by a member of staff in the course of his or her employment, the University might also be liable. In principle liability could arise both to the subject of the reference if the reference was carelessly unfavourable, and to the recipient of the reference if the reference was carelessly favourable.

The House of Lords has ruled that the referee owes a duty of care to the person about whom it is written, and may be liable in damages to that person if loss is caused through negligence: in other words if the reference was carelessly given. However, if the reference has been marked as confidential then they do not have a legal right to access it. where they are applying to) and the organisation who sent it (where the referee is employed). Individuals have the right to request access to references written about them from both the organisation who recieved it (i.e. It is expected that this will not apply in the majority of instances as referees should be prepared to allow the subject of the reference to view what they have written, and will need to be able to defend any fact or opinion provided. If this is the case then the reference needs to be marked as ' Strictly confidential'. It is conceivable that there may be circumstances where the author of a reference does not wish the subject of the reference to see what they have written. However, under the Data Protection Act 2018 individuals have no right of access to confidential references written about them.

It reduces the risk of litigation against the referee and the University by the person about whom the reference is written, and fulfils the expectation of transparency enshrined in data protection legislation. Members of staff should always consider writing open references, which are shown to the individual about whom they are written before they are sent. Confidentiality of references and the Data Protection Act

Example ucas reference