Do employers have a duty of confidentiality to employees?

EnPointe

Secretary94 said:

Thank you everyone – I think I have an answer to this now.

 

My only concern was my ex-employers being sent a reference request and replying to it in a spiteful way – just detailing why they had dismissed me.

 

The law allows my ex-employers to remain silent – which is fine by me – or if they provide a bad reference it cannot be inaccurate, misleading or discriminatory (Equalities Act 2010).  So if they only mentioned my dismissal and not the years of service I gave them (including good performance reviews) then that would be misleading and I could start a further action against them. 

 

I am told that the Settlement Agreement only deals with complaints up to the date of the Agreement and not anything which the company does afterwards.

 

So, I  probably will write to my ex-employer’s and tell them that they might get reference requests and that (1) they probably should not respond to them but if they do (2) then their reply might be defamatory and/or in breach of the Equalities Act 2010 and then invite my ex-employers (if they want) to agree some wording to a basic reference confirming when I worked at their company and at what job role etc. 

 

 

not sure where this information comes from 

there is no such Legislation as the Equalities act 2010 

the Equality Act 2010  only   covers the protected characteristics 

https://www.peoplemanagement.co.uk/article/1754018/providing-reference-dos-donts-employers

Undervalued

EnPointe said:

Secretary94 said:

Thank you everyone – I think I have an answer to this now.

 

My only concern was my ex-employers being sent a reference request and replying to it in a spiteful way – just detailing why they had dismissed me.

 

The law allows my ex-employers to remain silent – which is fine by me – or if they provide a bad reference it cannot be inaccurate, misleading or discriminatory (Equalities Act 2010).  So if they only mentioned my dismissal and not the years of service I gave them (including good performance reviews) then that would be misleading and I could start a further action against them. 

 

I am told that the Settlement Agreement only deals with complaints up to the date of the Agreement and not anything which the company does afterwards.

 

So, I  probably will write to my ex-employer’s and tell them that they might get reference requests and that (1) they probably should not respond to them but if they do (2) then their reply might be defamatory and/or in breach of the Equalities Act 2010 and then invite my ex-employers (if they want) to agree some wording to a basic reference confirming when I worked at their company and at what job role etc. 

 

 

not sure where this information comes from 

there is no such Legislation as the Equalities act 2010 

the Equality Act 2010  only   covers the protected characteristics 

https://www.peoplemanagement.co.uk/article/1754018/providing-reference-dos-donts-employers

Indeed.

There is an important point in the article you linked, which I normally make in threads such as this, that if the former employer does provide a reference they owe an equal duty to both the OP and the prospective employer.

Clearly there are things the OP would like be omitted from any reference but that could be misleading (by omission) the potential potential employer, so it works both ways!

If they are sensible they will refuse (or simply ignore) any request.

As you say, unless that amounts to unlawful discrimination on a protected ground (and there is nothing in this thread to suggest it would, that is completely non actionable.

pinkshoes

Secretary94 said:

So, I  probably will write to my ex-employer’s and tell them that they might get reference requests and that (1) they probably should not respond to them but if they do (2) then their reply might be defamatory and/or in breach of the Equalities Act 2010 and then invite my ex-employers (if they want) to agree some wording to a basic reference confirming when I worked at their company and at what job role etc. 

 

 

Seriously?!? I think that would classify as harassment! 

How about you just be honest with this new employer? Tell them you were dismissed. 

If you don't tell them and they ask for a reference then the ex employer will either not reply, or reply confirming dates worked at that you were dismissed. (E.g. the truth)

You sound a bit of a nightmare... Just be honest and stop trying to create more problems.