Breach of confidentiality by employer

cavework

Proabably best to wait for your Solicitors opinion on this.
Good Luck

dandelionclock30

Thank you all.

anamenottaken

cavework wrote: »

Brett glad you got another job. Employers can refuse a reference ie just confirm dates of employment. (Confirming dates would count as giving a reference - it's showing the former employee didn't lie in claiming to work for them for a specified period. Not making any response would be a refusal.)
Employers must be VERY careful not to give a reference deemed to be bad, (No - they have to be careful not to give an untruthful or misleading reference) in this case they will usually just give dates of employment
But and this is the BUT ex employers have to give an honest reference of an ex employees work history. (They don't have to give a reference at all - I agree if one is given it should be honest.)
As an employer I would not put any ex employees chance of another job at jepardy but I have to be honest in my replies if I am asked to give a reference.
We have been asked .. would you employ this person again?
I have in the past said No because this person has been employed twice by us and our Company policy is that we do not re employ people a third time..
read into this
the person has left us once and asked to come back .. we gave them the job back and after another x amount of time they left again.
This could be read as the person is not reliable and will not stay.
Or - they were very good so we were very happy to have them back the second time.

.................

BrettMorganxD

anamenottaken wrote: »

.................

Aggreed. I think just dates are better anyway. It doesn't cause any disputes either side

RobertoMoir

cavework wrote: »

Employers must be VERY careful not to give a reference deemed to be bad,

I'm not so sure about that. They can say what they wish providing its "true, accurate and fair".

Hammyman

dandelionclock30 wrote: »

No unfortuatley I couldnt go for unfair dismissal as I did the misconduct .
This employer will only confirm dates and not the reason for leaving even if asked.
The issue is they shouldnt be divulging my private information to clients.

Why not? Perhaps what you did has had a detrimental effect to the company and that with the clients knowing you have left, they will stay customers.

Hammyman

dandelionclock30 wrote: »

O.K we will have to agree to differ!.
Can anyone inform me anything about the legalities of the employer disclosing my information to 3rd parties?

No personal information has been disclosed.

Hammyman

cavework wrote: »

Employers must be VERY careful not to give a reference deemed to be bad

This is completely incorrect. Employers CAN give bad references as long as what is said is truthful. This can include the fact they sacked the employee for misconduct.

scheming_gypsy

cavework wrote: »

That is just mean , people deserve respect when they have been good employees...:mad:

it also depends on what's asked. i've got a copy of a reference that an ex employer gave for me and it was a set format document from the new employer. It reads (but not exactly)

1 - how long did they work there and in what role
2 - Are you related yes / no
3 - How do you know them
4 - do you believe them to be honest yes / no
5 - do you know any other factors why blah blah blah yes / no

then the place for their details. There's nowhere to actually give any other information

dandelionclock30

Personal Information has been disclosed! my discliplinary is classed as sensitive personal information and as I've said umpteen times they have breached their own policy and also the data protection act.

"Why not? Perhaps what you did has had a detrimental effect to the company and that with the clients knowing you have left, they will stay customers. " No lol I didnt.

To put this in understandable terms for you, its like going to the Drs about an issue and then a friend or neighbour coming upto you and telling you what the DR said.