References

[Captain Sisko]

A girl I know went for an interview but didnt get the job because of something on the reference but she hasn't seen it.
Are references confidential or is that up to peoples discretion?

[djswivel]

AFAIK, it's discretion. Employer's (in my experience) will probably check the sick record and timekeeping before actually reading the garb, so it may be these were not too hot.

[westerdam2]

This is the usual reply to such enquiries. HTH


Can an employee request to see the reference?

Pursuant to the Data Protection Act 1998, employees are not entitled to have access to a reference given in confidence by their employer if the reference is given for the purposes of education, training or employment (present and prospective) of the employee. An employee may request a copy of the reference from the prospective employer, but this is not an automatic right where the reference identifies the former employer giving the reference. In these circumstances, it will only be disclosed if the former employer consents or it is reasonable to disclose the letter without consent.

[smstext]

an employer cannot give a bad reference, an ex employer did on me, but luckily i caught on to this when a friend who worked in HR wrote asking for a reference. this was soon corrected wheni took them to tribunal for something else

My current boss also got a bad reference from my last employer which i was expecting as it was about time my friend who works in HR did the fictionous job. I explained to my current boss about the tribunal going through, showed him the paper work and he gave me a chance which he admits he glad he did. i then showed him the out of court settlement and cheque once through to prove my case and sure enough he got a new reference through saying that a mistake had been made.

[piv34uk]

As said before your employer has to be honest, but cannot put anything inflammatory in it.....Go careful though my new employer contacted my old company to get an impression of me before i had handed my notice in, lol been on gardening leave since 26th May....start new job 30th June
Phil

[GnatG]

Originally Posted by westerdam2

This is the usual reply to such enquiries. HTH


Can an employee request to see the reference?

Pursuant to the Data Protection Act 1998, employees are not entitled to have access to a reference given in confidence by their employer if the reference is given for the purposes of education, training or employment (present and prospective) of the employee. An employee may request a copy of the reference from the prospective employer, but this is not an automatic right where the reference identifies the former employer giving the reference. In these circumstances, it will only be disclosed if the former employer consents or it is reasonable to disclose the letter without consent.

Been there and done it! The above is 100% correct. A reference from your old employer cannot be viewed under most circumstances. However, a lot of new employers store the reference in your personel file which you can access under the DPA! AFAIK a judge or chairman of a tribunal can dictate that an employer release the reference, but then they can be wide open to a suit by the former employer who provided the reference. Not sure if you can go to the former employer, and under the DPA request your old personel file which may contain the reference they sent to the new employer. HTH.