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Husband has had an adverse reference and job offer has been taken back


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Hi there not sure if I'm in the right placec, but My husband left his last place of employment of his own free will, he wasnt happy with the way he was being treated and had a couplke of arguments with his supervisor, however he wasnt sacked or anything so he recently went for another job- got it but had to give his last employer for a reference- a couple of weeks later we heard nothing so he rang and next thing we had a ltr saying the job offer was recalled due to an adverse reference, we have asked the new employers for a copy but they have said under the data protection act 7.1 they cant without the writers permission, we dont know how to move forward obviously this will affect all future applications and we really have no idea what is on this letter, we do know that he has done this to several other employees who have left- Can we get a copy of it, Are we entitled- any Advice greatly appreciated

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Try not to worry too much in the meantime - there could be a simple explanation. For instance, some prospective employers don't like it if a former employer says in a reference they would not re-employ even if it's company policy. Something like that does not help in this case but may not have an impact on a future application.

 

Hope you get that reference.

Any pearls of wisdom that I give on the CAG forums is based on previous experiences and knowledge I have gained from being on these forums.

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The original employer doesn't have to disclose this to you. As a general rule the new employer does have to provide the reference it received if you SAR them. Have a read of http://ico.org.uk/what_we_cover/handling_complaints/case_story_1.

 

If you are worried that this will affect future applications, I would SAR the new employer immediately using a formal letter. In the letter you can point them towards the ICO's guidance.

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I thought that employers couldn't give bad references, but at most refuse to give them.

Any clarification please?

 

 

urban myth.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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You can say whatever you want in a reference so long as it is truthful - that leaves a huge scope for nuance and suggestion to give a prospective employer a rather negative impression.

 

As stated above the biggest stumbling block is where a reference asks 'Would you employ this person in the future' and where a 'No' is as damning as saying that might as well have embezzled the profits and ran off with the MD's daughter. The telephone reference can also be a bit of a tricky one, but it sounds in this case that there may be a paper trail.

 

You need to inform the prospective employer that Section 7 of the DPA only permits the employer PROVIDING the reference to deny a request for sight of that information in order to preserve confidentiality - there is no such restriction or safe haven for the organisation RECEIVING the reference. They may have quoted Section 7 (1) of the Act in defence of their position but that is an irrelevance. It only relates to the data controller providing the original reference. Section 7 (5) permits you sight of the reference provided - albeit with any information which might identify the author being redacted if needs be, but not the content of the reference in itself.

 

ICO guidance is clear on this and with very few exceptions the data must be released by the receiving organisation

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Thank you everyone who replied , It is really helpful, I will get on and do the SAR straight away.

Thanks again, y'know he was offered the jon on 20 june 2014 and it took them until the end of August to come back and say they were recalling the job offer due to an unsatisfactory reference. We had been chasing them for weeks for a start date- I dont know whos worse them or the previous comapny!!

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employers are unlikely to give a reference that is bad as they have to justify what they say and if they say something that cannot be proven to be true they are open to paying a hefty penalty.

For example, if I employed someone who visibly had a drink problem and they left my employment I cannot say they are an alcoholic because I have no qualification to make such a determination so could be sued for saying such a thing. I could word it differently by saying the person works well in the mornings and this can be read by the recipient in several ways . the written reference has less clout than people think, a follow up telephone call to the referee is usual as this can be more enlightening than a standard script of joining and leaving date, job description and sickness record.

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