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  • FIRST POST
    • flyladyclare
    • By flyladyclare 7th Mar 18, 6:25 PM
    • 1Posts
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    flyladyclare
    Employer disclosed salary to referee
    • #1
    • 7th Mar 18, 6:25 PM
    Employer disclosed salary to referee 7th Mar 18 at 6:25 PM
    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
Page 1
    • marliepanda
    • By marliepanda 7th Mar 18, 6:29 PM
    • 5,917 Posts
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    marliepanda
    • #2
    • 7th Mar 18, 6:29 PM
    • #2
    • 7th Mar 18, 6:29 PM
    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
    • By BorisThomson 7th Mar 18, 6:30 PM
    • 1,586 Posts
    • 3,423 Thanks
    BorisThomson
    • #3
    • 7th Mar 18, 6:30 PM
    • #3
    • 7th Mar 18, 6:30 PM
    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
    • By John-K 7th Mar 18, 7:12 PM
    • 654 Posts
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    John-K
    • #4
    • 7th Mar 18, 7:12 PM
    • #4
    • 7th Mar 18, 7:12 PM
    It is categorically not personal information.

    Anyway, did you have a question?
    • Energize
    • By Energize 7th Mar 18, 8:52 PM
    • 444 Posts
    • 199 Thanks
    Energize
    • #5
    • 7th Mar 18, 8:52 PM
    • #5
    • 7th Mar 18, 8:52 PM
    It is categorically not personal information.

    Anyway, did you have a question?
    Originally posted by John-K
    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.


    Anyway, did you have a question?
    Originally posted by John-K
    . Is this a breach of confidentiality or happens all the time?
    Originally posted by flyladyclare
    Last edited by Energize; 07-03-2018 at 8:58 PM.
    • marliepanda
    • By marliepanda 7th Mar 18, 9:08 PM
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    marliepanda
    • #6
    • 7th Mar 18, 9:08 PM
    • #6
    • 7th Mar 18, 9:08 PM
    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.
    Originally posted by Energize
    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
    • By theoretica 7th Mar 18, 10:14 PM
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    theoretica
    • #7
    • 7th Mar 18, 10:14 PM
    • #7
    • 7th Mar 18, 10:14 PM
    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.
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
    • steampowered
    • By steampowered 7th Mar 18, 11:41 PM
    • 2,584 Posts
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    steampowered
    • #8
    • 7th Mar 18, 11:41 PM
    • #8
    • 7th Mar 18, 11:41 PM
    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
    • By marliepanda 8th Mar 18, 12:11 AM
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    marliepanda
    • #9
    • 8th Mar 18, 12:11 AM
    • #9
    • 8th Mar 18, 12:11 AM
    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.
    Originally posted by steampowered
    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
    • By unforeseen 8th Mar 18, 5:44 AM
    • 2,663 Posts
    • 3,409 Thanks
    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
    • By Sncjw 8th Mar 18, 7:38 AM
    • 1,827 Posts
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    Sncjw
    You say banding is it say like band 2 in the NHS!!!8217;s if so anyone can find out this info
    • JReacher1
    • By JReacher1 8th Mar 18, 7:49 AM
    • 2,836 Posts
    • 3,870 Thanks
    JReacher1
    I think it is Norway where you can go online and find out any persons salary. They should do that in the UK. It would be fun to discover!
    • Tahlullah
    • By Tahlullah 8th Mar 18, 7:51 AM
    • 871 Posts
    • 4,876 Thanks
    Tahlullah
    Yes it is a breach but I suggest you let it go. If not, what would you wish to do about it? Are you willing to lose the new job because you haven't even got 2 years employment protection yet. An employer can let you go for any reason under 2 years and that includes being difficult and bringing a case of Data Protection breach within the 1st month.
    Striving to be mortgage free.
    2018 MFW #135

    £600 of £2000
    • NCC-1701
    • By NCC-1701 8th Mar 18, 8:05 AM
    • 210 Posts
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    NCC-1701
    Has the BBC therefore breached confidentiality by disclosing their presenters salaries?
    • TELLIT01
    • By TELLIT01 8th Mar 18, 8:09 AM
    • 5,013 Posts
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    TELLIT01
    The only reason I can see for concern is if the OP had been bragging about how great the money is at the new employer and the figure in the reference request shows that claimed figure to be less than accurate.
    • sleepymans
    • By sleepymans 8th Mar 18, 8:12 AM
    • 739 Posts
    • 1,119 Thanks
    sleepymans
    If you dont get the job, at least you will be able to claim compo
    LOL
    Goddess
    • agrinnall
    • By agrinnall 8th Mar 18, 9:10 AM
    • 20,335 Posts
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    agrinnall
    Has the BBC therefore breached confidentiality by disclosing their presenters salaries?
    Originally posted by NCC-1701
    No, because as is the case with the OP they have simply released salary bands, and despite what some people have said I cannot believe that can be regarded as personal data.
    • AstroTurtle
    • By AstroTurtle 8th Mar 18, 11:02 AM
    • 157 Posts
    • 536 Thanks
    AstroTurtle

    Example
    Data about the salary for a particular job may not, by itself, be personal data. This data may be included in the advertisement for the job and will not, in those circumstances, be personal data. However, where the same salary details are linked to a name (for example, when the vacancy has been filled and there is a single named individual in post), the salary information about the job will be personal data !!!8216;relating to!!!8217; the employee in post. Source: ICO.






    I wouldn't class this as a breach of any data as they have only asked for a reference for a Job Spec & Salary bands. If they had disclosed your individual salary then maybe this combined with your name could be classed as personal data but currently they have only sent a job spec across which is company data.


    However chances are if you kick up a fuss, you may end up not getting either!
    • LABMAN
    • By LABMAN 8th Mar 18, 11:08 AM
    • 836 Posts
    • 1,421 Thanks
    LABMAN
    No, because as is the case with the OP they have simply released salary bands, and despite what some people have said I cannot believe that can be regarded as personal data.
    Originally posted by agrinnall
    Me neither. When I worked for the NHS detailed salary bands were openly published and anyone could work our your gross salary to the penny as the band you were on was based on length of service.
    • w06
    • By w06 8th Mar 18, 11:15 AM
    • 627 Posts
    • 924 Thanks
    w06
    It's not personal information when the person doesn't yet have the job - it's not their salary it's the salary banding of the post they've applied for, which will be publically available information in most cases. It's usual to send, or for a referee to ask for, the job description so that they can write a job specific reference
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