Can a person contact your employer/university/organisation and ask questions about >>

*Kat*

your performance, attendance etc, without your permission?

Does the person requesting the information need to tell the other person they have permission to be asking questions etc? Who's responsible if information is given without your permission? Or does it even matter?

ohreally

*Kat* wrote: »

Who's responsible if information is given without your permission? Or does it even matter?

The data holder should ensure compliance, which kind of goes out the window during an oral conversation.

*Kat*

Interesting, so...if it comes back that they gave information about me via email/letter and you have possession of that, then what? Can you sue? (This is just theoretically, nothing actually going on lol)

jonnyd281

Can you give the context? Has a previous employer been asked for a reference, (one that you haven't put down as a reference)?

ILW

*Kat* wrote: »

Interesting, so...if it comes back that they gave information about me via email/letter and you have possession of that, then what? Can you sue? (This is just theoretically, nothing actually going on lol)

I do get the impression you could start a fight in an empty room.

Evilm

*Kat* wrote: »

Interesting, so...if it comes back that they gave information about me via email/letter and you have possession of that, then what? Can you sue? (This is just theoretically, nothing actually going on lol)

Probably not unless they lied. How on earth does the person giving the data know that the new employer did or didn't get their contact details from you? Its not normal practice to pre-ring all referees saying "so and so company is allowed to talk to you" or you'd be ringing them all the time. (Yes, I know it is usual practice in the US).

It does make me wonder what you are hiding in your last role that you seem worried about this though. If you do have a genuine reason to ask and what to avoid a person mentioning something I'd be speaking to the person and letting them know they have been noted as a potential reference and asking could they not mention {subject X}. They might not agree if its something strictly to do with work but if its something technically off topic (like husbands illness, tattoos or something like that) then they might agree.

Sambucus_Nigra

*Kat* wrote: »

(This is just theoretically, nothing actually going on lol)

If it's just theoretically, what made you decide to ask?

Bad_website

Yes, i think your employer can contact the organisations you mention and ask about attendance and performance, i have seen this else where and there is nothing you can do

Bad_website

you must also have signed something to give them permission to do this

Uncertain

Bad_website wrote: »

Yes, i think your employer can contact the organisations you mention and ask about attendance and performance, i have seen this else where and there is nothing you can do

Well they can ask but the company should not respond without reasonable evidence that they have your permission.

So, if the company asking falsely claimed that they had your permission they are at fault. It they didn't make that claim then the company that gave out the information is in the wrong.

Quite what effective remedy there is could be another matter. You could probably get one or other organisation a slap on the wrist but that is about it.

InsideInsurance

Have never been asked for "permission" to have my references approached, though by giving them as references there is arguably implicit permission.

I have asked for references on people without asking their permission (given I dont have to have permission to ask) and never have the other side ever asked me to confirm I have permission let alone send evidence. Once they asked for extra info about the person (NI number) but that was it