Employer disclosed salary to referee

[Deleted User]

Hi there, I'm hoping someone might be able to help me. I've just found out that my new employer has disclosed my salary information to my referees when asking for references. They've disclosed the salary band, which isn't very wide, not an actual figure but I'm really upset that they've done this as I feel this is personal information. I've never heard of an employer doing this before, so was just wondering if this is normal or carelessness (or incompetence) on behalf of my new employer. Both of my referees are obviously people I've worked with / for before, who I have a good enough relationship with to ask them to provide a reference and I'm a bit embarrassed that they know my new salary. Plus knowing how people are, I'm not confident that they won't have disclosed this to other people. Is this a breach of confidentiality or happens all the time?

Thanks in advance

marliepanda

Erm I dont really think its an issue. I imagine the salary was publicised in the job advert?

I guess I dont see the issue at all? Your old employers knew your salary. Its not personal Information its the salary banding of the job. You are not the job.

BorisThomson

It's not out of the ordinary for a new employer to send a referee a copy of the job description to comment on your suitability, and this may include the salary range.

It's really not that difficult to find out the salary for a particular role if you want to. If you still want to work there, you're going to need to let it go.

John-K_3

It is categorically not personal information.

Anyway, did you have a question?

Energize

John-K wrote: »

It is categorically not personal information.

Anyway, did you have a question?

Under the DPA and the GDPR, salary is actually classified as personal information as work directly relates to the individual.

https://ico.org.uk/media/for-organisations/documents/1549/determining_what_is_personal_data_quick_reference_guide.pdf

In any case it is very bad form for an employer to disclose salary information as it could adversely affect the individual.

John-K wrote: »

Anyway, did you have a question?

Deleted_User wrote: »

. Is this a breach of confidentiality or happens all the time?

marliepanda

Energize wrote: »

Under the DPA and the GDPR, salary is actually classified as personal information as work directly relates to the individual.

https://ico.org.uk/media/for-organisations/documents/1549/determining_what_is_personal_data_quick_reference_guide.pdf

In any case it is very bad form for an employer to disclose salary information as it could adversely affect the individual.

How would hello we have received an application from person X for the job role Y (job description: do stuff and things for £123455-123999) adversely affect someone?

theoretica

My work puts the salary band on the job ad, and anyone who knows the job title can find the salary band. So unless the referee isn't to be told the job title the salary band isn't very private or personal.

steampowered

Yes, this is 'personal data'.

If the employer disclosed this information without your consent, and this is not public information, it sounds like a breach of the Data Protection Act 1998.

It is unlikely to be worth pursuing though.

marliepanda

steampowered wrote: »

Yes, this is 'personal data'.

If the employer disclosed this information without your consent, and this is not public information, it sounds like a breach of the Data Protection Act 1998.

It is unlikely to be worth pursuing though.

Considering the job wasn’t even the OPs at that point, as they were getting the references, surely it was a prospective salary and not personal at all?

unforeseen

What OP needs to do is make. a big fuss about this. It will totally negate the requirements for references as the job offer will be rescinded.

Sncjw

You say banding is it say like band 2 in the NHS!!!8217;s if so anyone can find out this info