References

EmmaLi

Further to my post about a fortnight ago, my brother has been to the CAB about what he can do about his former employers. They were very wishy-washy and not very helpful, but the one thing they said was that my brother is not allowed to ask for a copy of his reference from them. I'm rather confused about this as I thought that under the Data Protection Act you could actually check what information a company holds on you? Also, I've applied for jobs before now where I have been asked to take references to the interview.

Can anyone help?

chugalug

Your brother can ask for a copy of his reference but its up to the employer whether they give it to him or not. He can ask for a copy under the DPA but a company doesnt have to provide any information that concerns a third party as they would have to get permission from them to release this. I think thats what the CAB were getting at! Unless anyone else knows different??

Savvy_Sue

Personally I would never ask for or accept a reference carried by the potential employer: for me it has to come direct from the referee.

Your brother can indeed ask for information held on him, but until a reference has been written then it isn't held. I didn't see the previous post, but sometimes what's going to be said (or not said!) in a reference can be agreed as part of the terms of someone leaving, especially if that will avoid going to tribunal etc.

And whatever is said in a reference has to be true. So if you say someone was a poor timekeeper, for example, you have to have evidence of that.

If he suspects that a poor reference has stopped him getting a job - eg an offer withdrawn after references are taken up - then post again, as there may be remedies for that. Not sure, and it's a bit late ...

Is there anything useful on the ACAS site?