references

LoLo

Hi, quite recently I was given a bad reference which resulted in a job offer being withdrawn. I was told that the person who had done this had asked that the information should not be disclosed to me. I cannot think of anything I have done or not done to get this bad reference. However it makes things worse because I have no idea which person this came from. I have requested a copy of my reference from one person and they say they are unable to forward a copy and suggest I speak directly to my manager. Is there any possible way I can find out what has been said and who by? Also is there any legal reason why this person could not forward me a copy of the reference provided? Thanks

dwsjarcmcd

LoLo
Remind them of their obligations under the Data Protection Act (DPA) and they should let you have sight of the reference. Similarly you could right to them demanding sight of all documents, e-mails, communications etc that relate to you. They must comply.

If anything is not true, seek legal advice

Savvy_Sue

FAQs from the ACAS website - about half way down the page is a little about references. It doesn't say there specifically that you can see your reference, although I'm sure you must be able to because otherwise how could you dispute what is in it!

If your company has a HR person or department I'd want to talk to them fairly quickly.

Of course you may have been given a bad reference because this person doesn't want you to leave - it's not been unheard of for a glowing reference to be provided for an absolute duffer!

LoLo

dwsjarcmcd wrote:

LoLo
Remind them of their obligations under the Data Protection Act

They have said because of this and confidentiality they cannot tell me what has been said but surely I have some right to see what has been wrote? I don't understand why they are given the option of being able to say whether or not I can be told what has been wrote.

BargainHunterCat

LoLo wrote:

They have said because of this and confidentiality they cannot tell me what has been said but surely I have some right to see what has been wrote? I don't understand why they are given the option of being able to say whether or not I can be told what has been wrote.

As far as I can tell, confidentiality under the data protection act does not apply to things thet are about YOU.

Here is a useful fact sheet from the information commissioner which outlines the principles of the data protection act:
http://www.informationcommissioner.gov.uk/cms/DocumentUploads/Data%20Protection%20Act%20Fact%20V2.pdf

There are 7 rights under the data protection act which include:
1. The right to subject access.
This allows people to find out what information is held about them on computer and within some manual records.

6. The right to rectification, blocking, erasure and destruction.
Individuals can apply to the court to order a data controller to rectify, block or destroy personal details if they are innaccurate or contain expressions of opinions based on innaccurate information.

Contact the relevant HR dept, quote your right under the data protection act to access any information about yourself, and demand that you be sent copies of everything they have on you, and you could add that you will be seeking legal advice if they fail to comply.

LoLo

ok will give it another go. It makes no difference to the job but at least I would know who not to use as a referee in future. Thanks.

Claudie

So sorry to hear about that; you must have been gutted.

I would agree with Bargain Cat and suggest that you write a nice but firm letter to the organisation stating your disappointment in not getting the job and then asking for a copy of the reference as outlined in the Data Protection Act Section 7 etctec...I was told that when writing a reference you can only provide factual data ie sick records, timekeeping etc., subjective info is not allowed without documentation.

With regards to references - it is always a good idea to ask someone before you put their name to paper, and to tell them what job you have applied for (each and every time) as this allows them to match your experience and skills to the job you are seeking. If you no longer know anyone working at your old firm you can always ring their HR and ask if it is ok or if you are still in contact with someone who used to work there, ask them if you can use them.

Good luck and keep going!

dwsjarcmcd

LoLo wrote:

ok will give it another go. It makes no difference to the job but at least I would know who not to use as a referee in future. Thanks.

Regarding your comment about 'making no difference to the job' I'm not sure that is right if they have put false statement on a reference, which a new employer relied on. I would have thought you had lost out, through no fault of your own. I think once you find out the content of the reference, and it is wrong, you should speak to a solicitor.

HGLTsuperstar

Please someone correct me but I believed that you cannot give a "bad" reference as such, just refuse to give the reference, which of course adds up to the same thing but please can someone clarify.

WHA

HGLTsuperstar wrote:

Please someone correct me but I believed that you cannot give a "bad" reference as such, just refuse to give the reference, which of course adds up to the same thing but please can someone clarify.

Yes, you can give a "bad" reference as long as it is factually correct.

Savvy_Sue

HGLTsuperstar wrote:

Please someone correct me but I believed that you cannot give a "bad" reference as such, just refuse to give the reference, which of course adds up to the same thing but please can someone clarify.

You can give a bad reference if what you say is demonstrably true. Also, you cannot give a good reference unless it is true, in the hope you'll be shot of some timewaster. Hence many companies will either refuse to give a reference or only confirm dates the person worked there etc.

I'm sure it's changed now, but has no-one these days heard about army discharge reports? Again, so as not to say anything bad, there was (allegedly) a code:

"This man is honest" means "he is a drunkard".
"This man is sober" means "he is dishonest" etc

I'm sure there was at least a 3rd one but I can't remember what it was.