If an employer regulated by the Financial Conduct Authority and/or Prudential Regulation Authority receives a reference request relating to a former employee where the new role is not a controlled function what are its obligations?

If a regulated employer receives a reference request relating to a former employee who was an approved person but who will not be performing a controlled function in the new role, the employer must ensure that the reference is accurate and not misleading, taking into account the usual employment law principles in relation to references. In particular, it should remember that employers can be held liable for discrimination that takes place after an employment relationship has ended, for example in the provision of a reference. However, the employer does not need to provide the full details required by FCA SUP 10A.15.1 and PRA SUP 10B.13.1.