Do interviewers have a duty of privacy?

Undervalued

sangie595 wrote: »

None of which matters, because your question was is there a legal duty not to tell the current employer? There isn't, and they can; and you misadvised your friend by telling them it won't happen.

I think that is a bit sweeping. We live in an age of ever evolving, almost entirely judge made, privacy laws. I don't know if this particular aspect has been tested yet in the higher courts? However as I understand it, if there is a reasonable expectation of privacy there can be an entitlement to it.

Obviously if a job advert or application form warned that references etc may be taken up prior to an offer being made then fair enough. In some fields that may be the norm and that too may be sufficient. However in many other fields of work it is not and there could be a reasonable expectation of confidentiality unless and until a provisional offer is made and accepted.

sangie595

There may be a possibility of case law evolving to say this. Right now, it doesn't. So the answer is correct - there is no legal duty.

Detroit

We're not talking about references I don't think.

I believe the OP is asking if there is anything in law to prevent two managers who know each other discussing the fact that an employee of one has attended an interview with the other.

In the unlikely event there is, and I also have never heard of this, it would be practically unenforceable anyway, as who can ever know or prove what is said in an informal conversation between friends?

takman

Andrew_Ryan_89 wrote: »

I guess the problems comes with the awkwardness of your employer knowing that you want to leave. Let's say for example the reason for you leaving is due to a lack of progression or money and if you got that with your current employer you would stay. If your current employer finds out that you are going to interviews, even they are not malicious in any way, they are not going to look to you for promotions or pay rises.

Worst case, they can be really bitter about it and try to manage said person out. Some where I was previously employed at, one colleague kept working from home and being sick for at least 1 day a week for about 5 weeks. One of the other managers found out he was interviewing and let the rest of us now. It was then a cruel project of managing this person out.

So you think it''s acceptable for them to take sick leave to go to interviews?. I think they should been fired for pretending to be sick!.

If someone wants to go to an interview they should take the time as holiday or unpaid!