Can I see references?

[finaldj]

Will I be allowed to have a copy of or see references that people send out to employers? I was told that the only time I can see them is when I have been given the job.

 

Also if you put someone down for a reference is a 3rd party allowed to make a comment on it who hasn't been put down to make a reference?

Edited July 10, 2009 by finaldj

[evancosmo]

Job references are not subject to Data Protection in the normal sense & as such you have no rights as a data subject (i.e. the right to see a copy)

 

Whether you could see them if you started work? Technically I suppose so because as an employee you have the right to see the file your employer holds on you & as such they would form part of the contents of that file.

 

As for the 3rd party issue; not really sure I understand this point. Every employer will have a normal practice for references that are sought - some centralise this function through HR; others will allow individual managers to write references. I suppose the issue revolves around who has the reference been sought from - the individual or the employer. If its the employer then technically a 3rd party could make the reference.

[maroondevo52]

Hi,

 

I believe you can ask whoever gave the reference for a copy of it, and no, I don't think a 3rd party can make any comment.

 

I'll ask another Mod who is more knowledgeable than me on employment issues, to have a look.

 

Regards.

 

Scott.

[Ell-enn]

Here is a link to the Information Commissioner's Office guide to employment references:

 

http://www.ico.gov.uk/SearchResultAsHtml.aspx?cid=KrDoer39uJgJ&page=http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/references_v1.0_final.pdf&keywords=references

[finaldj]

thank you both for your replies.

 

It seems I can ask for a copy of the reference's and if they refuse at least I can ask why they wont.

 

One thing I never thought of asking is that I can ask any potential employee for a brief summery of a reference without breaking any confidentiality even though I know who the senders are.

 

@ Evancosmo

 

What I was saying is that 2 persons were named as a referee and further to this they have usually asked for a copy of any sickness records e.g 12/18 months and this has to go through HR who have the records for this.

 

The person from HR who works in our department (school) who wasn't named as a referee decided to make her own comment as well (off her own back)

 

This small comment she made was a deciding factor between me and another person for a job and they told me because of the comment she made I didn't get the job.

 

So I was asking can someone make any comments e.g. 3rd party who are not mentioned as a referee?

 

Thanks

[funkyparott]

I was wondering.

 

Do you have a friend that owns a company?

 

Could you not ask them to write to your old employer for a refernce?

 

Depending on the content of any reference received, you may be in a position to take legal action.

 

I don't know how a court would view this as it does seem rather sneaky.