How to prove reference was received or not!

Own_Worst_Enermy

I realise I may be clutching at straws! or me and my butterfly net.. but I'm wanting to find out if a recruitment process was followed properly and thinking of doing a subject access request even if it costs me - I need to see a reference or find out whether (as it now comes to light) maybe it wasn't actually ever received

Now I've often seen people not happy with alleged bad refs being told to request a copy - and now wonder if they get a copy by doing a subject access request ?
There is also a complaints procedure available?

To be clear I didn't get to employee stage (if that effects as appreciate maybe you have to be an employee) with the organisation but did receive it in writing from them if nothing else this particular ex employer had submitted a reference back then within days - this is a situation that has happened within the last year

Any hope for doing a subject access request? I've never done this before but feel the enormity and the future effects it has now created deserves the truth with a current job application pretty much resting on it

Thanks for any help, would be grateful to know if I can do a subject access request have looked on the ICO website but wasn't sure

Nicki

It is possible to obtain a copy of a reference from the person to whom it has been provided via a subject access request, however the recipient can only hand over what they actually have in their possession. From your post, you never actually worked for the company who requested the reference and all this happened some months ago. On that basis I would very much doubt that they still have a copy of the document to provide to you. Unless you have specifically been told that they will keep your details on file and contact you for future openings, most companies will shred all documentation relating to failed applicants for jobs very very quickly as it will give them a data protection problem to hold onto them for any length of time without explicit consent.

Why not make a subject access request to the company who provided the reference instead if you are a former employee as they are much more likely to have legitimately kept hold of the reference.

System

Nicki wrote: »

It is possible to obtain a copy of a reference from the person to whom it has been provided via a subject access request, however the recipient can only hand over what they actually have in their possession. From your post, you never actually worked for the company who requested the reference and all this happened some months ago. On that basis I would very much doubt that they still have a copy of the document to provide to you. Unless you have specifically been told that they will keep your details on file and contact you for future openings, most companies will shred all documentation relating to failed applicants for jobs very very quickly as it will give them a data protection problem to hold onto them for any length of time without explicit consent.

Why not make a subject access request to the company who provided the reference instead if you are a former employee as they are much more likely to have legitimately kept hold of the reference.

I understood that references were exempt from a SAR to the originating data controller and could only be requested from the recipient data controller
From ICO site

Personal data is exempt from an individual’s right of subject access if it comprises a confidential reference that an organisation gives (or is to give) in connection with education, training or employment, appointing office holders, or providing services. The exemption only applies to references you give, and not to references you receive.

Nicki

!!!!!! wrote: »

I understood that references were exempt from a SAR to the originating data controller and could only be requested from the recipient data controller
From ICO site

Sorry yes you are right on that.

Still don't think the receiving party is likely to have a copy though if they decided not to employ the OP and this happened a while ago. So unless the provider will voluntarily give a copy, he's a bit scuppered until the next time he uses them as a referee when he can put a SAR in to the recipient promptly.

AP007

Nicki wrote: »

Sorry yes you are right on that.

Still don't think the receiving party is likely to have a copy though if they decided not to employ the OP and this happened a while ago. So unless the provider will voluntarily give a copy, he's a bit scuppered until the next time he uses them as a referee when he can put a SAR in to the recipient promptly.

They may still have a copy. I was under the impression files (not sure how long) were kept on all candidates if they have reached interview. What if the employer was ever investigated for discrimination and the like.

Takeaway_Addict

AP007 wrote: »

They may still have a copy. I was under the impression files (not sure how long) were kept on all candidates if they have reached interview. What if the employer was ever investigated for discrimination and the like.

There is no legal requirement to hold information, some companies will...some will conveniently not.