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United Kingdom: why confirm a former employee's job?

Every UK employer already puts the start date and the job title in the written statement of particulars it gives a new worker. Confirming the same facts takes a minute and helps the person into their next job. certo asks on their behalf, with their explicit consent.

Law as of 26 October 2026 · UK GDPR and Data Protection Act 2018, revised texts on legislation.gov.uk up to date to 25 October 2026

In short

  • The facts are already in writing. Every employer must give a new worker a written statement of particulars that states when the employment began and the job title (Employment Rights Act 1996, section 1). Those are the facts we ask about, with the date the job ended.
  • It helps the person who worked for you. A record confirmed by a former employer is what the next employer trusts. Answering takes about a minute and needs no account.
  • certo asks on their behalf, with their explicit consent. The UK GDPR makes processing lawful where the person has consented to it for a specific purpose (Article 6(1)(a)). The person started this check themselves, for these facts and no others.
  • You do not have to answer. We found no general statutory duty on a UK employer to give a reference, and nothing obliges you to answer certo. Declining is fine.

Employment law

Employment Rights Act 1996, section 1: the written statement

Where a worker begins employment with an employer, the employer shall give to the worker a written statement of particulars of employment.

The statement shall contain particulars of … the date when the employment began, … the title of the job which the worker is employed to do or a brief description of the work for which he is employed,

The start date and the job title are in the statement you gave the person. These are the facts we ask about, with the date the job ended.

No duty to give a reference

We found no provision of UK employment legislation that obliges an employer in general to give a reference, and none that obliges you to answer a request like this one. Answering is voluntary. Some regulated sectors have rules of their own on references; they do not apply to a request from certo.

What is never asked

The Equality Act 2010 (section 60) restricts questions about an applicant's health before work is offered. certo never asks you about health, nor about pay, performance, conduct or the reason the job ended.

Personal data

The UK GDPR (the retained version of Regulation (EU) 2016/679, as amended by UK law) and the Data Protection Act 2018 apply.

  • Article 6(1)(a), consent. The legal basis for your answer:

the data subject has given consent to the processing of his or her personal data for one or more specific purposes;

  • Article 7(1), proof of consent.

Where processing is based on consent, the controller shall be able to demonstrate that the data subject has consented to processing of his or her personal data.

certo records which account asked, when, and for which facts. Write to support@certo.bio and we send you the record for your request.

  • Article 5(1)(c), data minimisation. Personal data must be

adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed

You confirm or leave unticked only the facts listed. Add nothing else: anything beyond them is not covered by the person's consent.

Confidential references (Data Protection Act 2018, Schedule 2, paragraph 24)

The listed GDPR provisions do not apply to personal data consisting of a reference given (or to be given) in confidence for the purposes of

This exemption lets a referee keep a confidential reference out of the person's rights to be informed and to access their data (the "listed GDPR provisions" are defined in paragraph 18). It is not a rule against giving references, and it does not stop you answering. A certo answer is not confidential in any case: the person sees which facts you confirmed.

Sending data to the EU. certo is run from Estonia. Under Schedule 21, paragraphs 4 and 5 of the Data Protection Act 2018, a transfer to an EEA state is treated as approved under Article 45A of the UK GDPR.

What this means for your answer

  • Tick only what your HR, payroll or personnel records show.
  • Not sure it is the same person? Press "We can't find a matching record". Never confirm a record you are not sure is theirs.
  • Your policy is not to answer? Press "We do not answer these requests". The record shows your organisation declined, and nobody else there is asked.

Sources

This page is not legal advice. It reflects the law as it stood on 26 October 2026.