Agency Won't Give Adverse Reference Details

Truegho

Can an employment agency refuse to tell you which employer has given an adverse reference about you? I ask this because I have been left feeling extremely angry today after an employment agency told me that they could not put forward my job application for a Civil Service post any further due to a "referencing" matter. When I demanded to be told who it was that had gone against me, the consultant replied that she could not give me that information as she was "bound by the data protection act."

Can she really do this? The reason why I want to get to the bottom of who the guilty ex-employer is because, as far as I am concerned, I have done NOTHING wrong to justify any employer giving me a bad reference. I have behaved impeccably in ALL my previous jobs, and the only reason I can think of that might cause some degree of unfavourable comment was the fact that my last employer finished my temp contract prematurely as they deemed me "unsuitable" for the role (which, admittedly, I was, as I was just a Jack-of-all-trades rather than the Admin Assistant role I had been led to believe I would be). They have probably put me down as "Dismissed", which may have set alarm bells ringing in the minds of the employment agency, as they were not fully acquainted with the facts of my dismissal.

So can I do something about this ex-employer going against me like this all the time with each job I apply for? They are going to put the spoke in for me every time I apply for a job and a reference is needed. Surely I can do something about it, as it is damaging my chances of ever getting off the dole?

Emmzi

don't list them as a reference next time and see what happens?

KiKi

AFAIK, you can make a subject access request to the employer themselves under the DPA. You could also do this with the agency as they must also be holding the information. I think they have 40 days to respond - but they can respond to say that they will not be sharing the information with you. But I'm not an expert on this, that's just my understanding.

You might want to check what they mean by 'referencing' though - is it a bad reference? Or perhaps just that they can't get hold of one?

This is from the CIPD website:
"A worker has the basic right, on request, to be supplied with information constituting any personal data held by the ex-employer. Any personal data held must also be accurate and where necessary kept up-to-date. However, the following points must be noted:

There is an exemption within the DPA which means that an employer does not have to supply references given in confidence which it has written relating to education, training or employment.
Despite the exemption an employer may choose to provide a copy of a reference which is factual in nature.
It is not therefore obligatory for the ex -employer to supply a copy of the reference to the employee."


The rules are different if you have a new employer - who would be likely to have to share it with you under current guidance. But as you're not employed yet, this doesn't apply to you.

HTH
KiKi

patman99

Do you have a friend who could pose as a potential employer and approach each of the ex-employers you used for the Agency for references?.

At least you will know which ex-employer has said what about you.

Truegho

Hi Emmzi. Thanks for your reply. It was much appreciated.

I wouldn't have given this accursed, aspersions-casting, rotten employer at all, but I had no choice, as I had to give the agency my last three years work history, which included every employer in that period. This red tape is, I am sure you'd agree, just ridiculous (when oh when is the government going to stop all this stupidity?). It isn't the first time these swines have given an adverse reference about me, as they did it a few months ago, just when I was on the verge of landing a job too. How infuriated was I, and am now all over again, after this latest episode!

I did email the offending employer when it happened the first time, but all I got was a - as expected - whitewashy self-defensive reply. As far as they were concerned, a dismissal was a dismissal, no matter how hard I'd worked for them and no matter how much I'd wanted to prove myself to them as a good worker. Just because the work was a little bit out of my depth (contrary to the original job advert, the role was NOT strictly admin, but involved a lot of donkey work).

The agency annoyed me too, as they built my hopes up by having me complete security clearance forms, filling in lengthy reg. forms etc. - only to turn around and knock me back, just because of this, as they said, "referencing" matter.

Surely there is something I can do about this. Do you think complaining to the manager of the agency concerned would help? Do you think I should send another email to the offending employer, warning them I will take further action if they don't give me a fairer reference?

Emmzi wrote: »

don't list them as a reference next time and see what happens?

ktothema

Ah, the data protection arguement. And who's data are they protecting? A business has no data protection rights like that.

Try a subject access request
For info: http://www.ico.gov.uk/for_the_public/personal_information/how_manage/access_info.aspx

Nice work Kiki btw. Far quicker off the mark than I was!

mildred1978

Truegho wrote: »

Surely there is something I can do about this. Do you think complaining to the manager of the agency concerned would help? Do you think I should send another email to the offending employer, warning them I will take further action if they don't give me a fairer reference?

:wall:

What further action?

They don't have to give you a reference.

If they do, they can say anything they like so long as its true.

You were dismissed through being unsuitable for the job, fact. If be amazed if they considered themselves responsible in any way, so they won't mention that in a reference.

Perhaps you need to start being honest about the dismissal and stop thinking the world owes you.

Truegho

Hi Kiki. Thanks for your reply. Yes, you may have a point there in regard to the consultant's comment that it was due to a "referencing matter" that they could not take my application any further. I do, however, suspect that the reference matter can be attributed to my last employers, who did go against me the last time - and the agency concerned then DID tell me exactly who it was - when I was so close to landing a job. I am so angry and annoyed over all of this, and wish to God I could do something to make these swines stop ruining my character like this. I did not misbehave in the job, so they had no cause at all to speak so ill of me like this. All I did was display a slight inability to keep up with all the chores demanded me of the role (they had me doing all sorts instead of just the admin work I am used to). It was too stressful and just too much. And yet, having dismissed me, they then turn around and give adverse references to agencies! It is just unbelievable, and very, very annoying.

So getting back to this business of the employment consultant hiding behind the Data Protection Act: do you think I should press on further with this by contacting the organisation you recommended? I also need to do something about this employer, as they are putting the spoke in with every job I am applying for. It just cannot go on.

KiKi wrote: »

AFAIK, you can make a subject access request to the employer themselves under the DPA. You could also do this with the agency as they must also be holding the information. I think they have 40 days to respond - but they can respond to say that they will not be sharing the information with you if they have a good reason and can justify it. But I'm not an expert on this, that's just my understanding.

You might want to check what they mean by 'referencing' though - is it a bad reference? Or perhaps just that they can't get hold of one?

HTH
KiKi

mildred1978

Truegho wrote: »

Hi Kiki. Thanks for your reply. Yes, you may have a point there in regard to the consultant's comment that it was due to a "referencing matter" that they could not take my application any further. I do, however, suspect that the reference matter can be attributed to my last employers, who did go against me the last time - and the agency concerned then DID tell me exactly who it was - when I was so close to landing a job. I am so angry and annoyed over all of this, and wish to God I could do something to make these swines stop ruining my character like this. I did not misbehave in the job, so they had no cause at all to speak so ill of me like this. All I did was display a slight inability to keep up with all the chores demanded me of the role (they had me doing all sorts instead of just the admin work I am used to). It was too stressful and just too much. And yet, having dismissed me, they then turn around and give adverse references to agencies! It is just unbelievable, and very, very annoying.

.

To be honest, the attitude you display on here would send the majority of employers running for the hills.

It's never your fault, is it?

Truegho

What the hell are you on about??? You are talking a load of rubbish. You obviously don't understand the full facts of my situation.

If it was YOU who was having your character ruined so unfairly and disgustingly like this, then you would be feeling exactly the same as I do. NO employer has the right to defame your character like this, especially if you have done nothing wrong.

Thank God there are people on here who DO appreciate my situation and can sympathise.

mildred1978 wrote: »

:wall:

What further action?

They don't have to give you a reference.

If they do, they can say anything they like so long as its true.

You were dismissed through being unsuitable for the job, fact. If be amazed if they considered themselves responsible in any way, so they won't mention that in a reference.

Perhaps you need to start being honest about the dismissal and stop thinking the world owes you.

Emmzi

I don't think complaining will help at all. And if the reference is factual there is nothing you can do about it.

If forced to provide contact details I would explain why I left upfront so there are no suprises.

I would also avoid roles where 5 years are needed until it was 5 years since this employer. Civil Service will not bend. Although at my place of work we take 5 year history to make sure you have not been at her majesty's pleasure, and wage slips will prove that. So in private sector, maybe not such an issue.