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My wife was sacked from her last job but was lucky enough to get another job not long after (she works in a school)


At the interview stage she declared that there had been problems with her last employment her sacking was down not following a management direction (Parking issues) within and around the school grounds this was also in her reference from the school.


Despite all that he took her on and there has been no issues since.


She has now been looking for another job since she got this new one and has been informed by the headmaster that when giving her a reference he has to "declare" on it that she was sacked from her last job and the reasons for her sacking.


I've never heard of an employer doing this before as I would have assumed a reference would relate to current job and her role and not inc information relating to the employer before them?


The headmaster has said that he spoke with HR about this and wife also had her Union present (Unison) who also agreed they could do this.


Would appreciate some advice on this as I didn't think they were allowed to do that?

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Sadly I think that the Headmaster is correct. Read the guidelines on recruitment of teachers here https://www.education.gov.uk/publications/eOrderingDownload/Final%206836-Safeguard.Chd%20bkmk.pdf and in particular, sections 4.34 to 4.37.


Although substantially involved in issues surrounding the suitability of applicants to work with children, there is also a lot of detail relating to previous work history and declarations of any previous disciplinary action and sanctions - and gaps in employment. My reading of the guidelines suggests that it is the responsibility of referees to declare all matters that they are aware of in order to prevent applicants missing out those areas where the information might be detrimental. Although any reference disclosed by the institution where the disciplinary action occurred will inevitably include details, the current institution would also be responsible for disclosing the fact that they are aware of a previous disciplinary sanction in case the applicant chose to forget that employment when providing their previous work history.


Whilst the document does make clear that the details are for information only, and will be assessed with regard to the particular circumstances - and with your wife's case not presenting any immediate concerns for pupil safety this should be a relatively minor hurdle - I feel that this is something which cannot be argued. Vetting procedures are pretty tight and I would imagine that there is all manner of small print whereby an applicant agrees to such disclosure.

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






If I have been helpful in any way - please feel free to click on the STAR to the left!


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