NI - National Insurance Records / References

jackal2k7

Hi everyone, I need an answer soon please...

1. Suppose an employer has been given access to the employee's NI records, will that access be for the past employment? The future as well?
Are there time limits that the employee can specify restrictions for what periods of employment/umemployment the employer can access?

2. What if the previous employer made a mistake on the former employee's reference? Will the current employer be entitled to sue the previous employer? Say for example if the previous employer accidentally gave out the wrong date by mistyping the year? i.e. by one extra year.

3. My understanding for the legal requirement for references are just employment dates - what if the wrong ones are given out by mistake?

4. What if the candidate lies on his cv about his past employer?
To what extent can that candidate be sued?

5. What is the name of the form that gives the right for someone to access someone else's NI records?


Hoping to get an answer very soon!
cheers!

LittleVoice

1 and 5 - I have no knowledge of any way in which an employer or any other person or organisation could gain access to your NI records - other than that they keep their own records of their own dealings in connection with your and their contributions.

2 - AFAIK if incorrect information is given and a job offer is withdrawn because the reference is not satisfactory, an employee or former employee could sue for damages (loss of earnings).

3 - there is no legal requirement for an employer to give a reference at all (other than for some financial sector jobs). Referees often like to restrict themselves to definite facts so that there is no argument about "opinions".

4 - what sort of lies did you have in mind?

CIS

NI records are not released to a prospective employer - these records are purely for HMRC and yourself.

stazi

And DWP who also have access to NI records for deciding the relevant contributory benefits-RP/IB/JSA/BB/MA, and for detecting benefit fraud.