Requesting a received reference from a prospective employer

[tezzaa]

Hi,

 

I had a prospective job offer conditional upon the new employer receiving satisfactory references. I subsequently received a letter saying that I had not got the job because they had received an unsatisfactory reference from one of my former employers.

 

I did have a personality clash with a previous manager at one of my former employers and would like to get a copy of the "unsatisfactory" reference as I believe it may not be "factual".

 

I have done a bit of research on getting a copy under the Data Protection Act. It says that I will not be able to get a copy from the Employer that authored the reference but should be able to get a copy from the Prospective Employer. On the Information Commissioners Website it says

 

"The Commissioner’s view is that, where the information from which a third party can be identified consists of an employment reference received by the employer it should normally be released to the

worker unless the referee provides some compelling reason as to why it should be edited or not released at all. If, in other cases, the release of such information would breach a duty of onfidentiality owed by the employer to the third party, the information should only be released if its nature is such that it has had or is likely to have a significant adverse impact on the worker."

 

As this "unsatisfactory" reference has prevented me from being offered the job, I am going to ask the prospective employer for a copy.

 

I have two questions to ask the forum:

 

1) Do you think the prospective employer will give me a copy of the reference?

 

2) If they will not give me a copy, how would I go about using the Data Protection Act to get a copy?

 

Any advice will be most gratefully received

 

Tezzaa

[maroondevo52]

Hi, Tezzaa.

 

The very same thing happened to my wife a couple of weeks ago

 

I believe the prospective employer should give you a copy of the 'unsatisfactory' reference.

(They would not even speak to my wife, let alone give her the reference)

 

My wife has sent a SAR to the prospective employer, they have 40 days to comply, just a waiting game now

 

Here's some info on a SAR ................

 

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/subject_access_-_guide_for_data_subjects.pdf

 

Good luck with that, let us know how you get on.

 

Regards.

 

Scott.

[tezzaa]

Hi Scott,

 

Thank you very much for your reply and the link to the info on S.A.R

 

I will let you know how I get on.

 

Thanks Again,

 

Tezzaa

[maroondevo52]

No problem

 

I'll let you know how my wife gets on, she is adamant, she will not let this go as it could affect every job application she makes.

 

 

Regards.

 

Scott.

[ap088]

Did you guys have any luck with either of your requests?

 

I'm in the same position myself - got told less than a week before my start date that the offer was withdrawn due to an "unsatisfactory" reference.

 

By this time I'd already handed (and worked) my notice at my previous company.

[adridude]

I would also send SAR's to all of the references I listed.