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Interviews & References
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mrstewieo
Posts: 115 Forumite
My OH is unhappy in his current employment at the moment, so he has been looking at other jobs.
Recently, he went for a job, but was told last week that he didn't get it.
Am I correct in thinking that a new employer can't approach your current employer for a reference until an offer of employment has been made??
Recently, he went for a job, but was told last week that he didn't get it.
Am I correct in thinking that a new employer can't approach your current employer for a reference until an offer of employment has been made??
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Comments
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I believe it's usual practice for them to ask the employee first, to find out what the situation is. For example I am being made redundant, so I have made it clear to agencies that they are free to ask my current employer for a reference if they need it.
They shouldn't approach a current employer without permission from the employee.Indecision is the key to flexibility0 -
Certain jobs require a reference to be taken up in advance but they must tell you before they do this or it states clearly on the application form. (My brother's previous job had informed him that a reference will be sought prior to his interview.)
Applications which may want to take up advanced references will state on the form "May we approach your employer at this stage?" where you have the right to say "yes" or "no." If you select no then they can't contact your employer until you have the job. (I did that on a previous application and was offered the job.)
Obviously if you haven't got the job yet or even an interview, they cannot call up and get a reference (most certainly not in the public sector). In the private sector, they might do calls around... not sure if that's legal or not though (and can happen in the public sector too).
You will need to prove a reference was taken against your own will without the offer of a job. Also references have to be acceptable unless otherwise proved although if a referee refuses to provide a reference (which is within their right I think) then it's up to the employer how they accept that.
You should try and see what the feedback was as to why you didn't get the job.0 -
I believe it's usual practice for them to ask the employee first, to find out what the situation is. For example I am being made redundant, so I have made it clear to agencies that they are free to ask my current employer for a reference if they need it.
They shouldn't approach a current employer without permission from the employee.
Oh yes I forgot about agencies and yes thats true too, they require references too although they do tell you in advance that they will be seeking references prior to putting you into agency jobs.0 -
Certain jobs require a reference to be taken up in advance but they must tell you before they do this or it states clearly on the application form. (My brother's previous job had informed him that a reference will be sought prior to his interview.)
Applications which may want to take up advanced references will state on the form "May we approach your employer at this stage?" where you have the right to say "yes" or "no." If you select no then they can't contact your employer until you have the job. (I did that on a previous application and was offered the job.)
Obviously if you haven't got the job yet or even an interview, they cannot call up and get a reference (most certainly not in the public sector). In the private sector, they might do calls around... not sure if that's legal or not though (and can happen in the public sector too).
You will need to prove a reference was taken against your own will without the offer of a job. Also references have to be acceptable unless otherwise proved although if a referee refuses to provide a reference (which is within their right I think) then it's up to the employer how they accept that.
You should try and see what the feedback was as to why you didn't get the job.
There are a few inaccuracies here...it's not so much about "must" more "should".
There are no "laws" about references although laws on libel might apply if information provided is false. Members of the CIPD will adhere to a code of practice but the onus is on jobseekers to specifically request that references are not taken up before a job offer is made.
References can be taken up at any time in the recruitment process. It would be very bad practice to do this at an early stage without informing the candidate - but there is little recourse if that happens so always best to specify.
References can be unacceptable - the candidate does not have to accept the reference.. They have to be factual - although in truth, in an unrecorded phone call anything can be said. Most reference orms will ask " Would you rehire?" "No" is factual, probably unacceptable for the candidate, but speaks volumes.
It's always good to ask for feedback and to listen to it. Quite often the reason is just that there was a candidate who more closely matched the spec .1
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