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My husband went for an interview yesterday with the NHS he is currently working within the private sector. On his application form he stated that under no circumstance were they to approach his current employer for a reference unless he was offered the position (it did actually give this option)

 

To his dismay when he attended the interview the HR Dept. had in fact written to his employer and asked them for a reference.

 

Where does he stand on this? He could now face serious implications at his current place of work who will be none too impressed with him seeking other employment. It could jeopardise his chances of any future promotions etc

 

Does he have any grounds for grievance on this or is it just to be regarded as one of those things???

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To be honest it is just one of those things - though a letter of complaint never hurts. The deed has been done so to speak and there is little they can do to rectify it - you must always consider what outcome you seek from a complaint like this. A further point is that your hubbie may have a grievance should his current employer takes action against him on the basis of applying for another post.

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thanks for that, i did think that would be the answer.

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Should your husband apply for promotion or any other post within his organisation and does not get it - the employer is required to give a legitimate reason and show why the successful candidate was more suitable. There should be interview notes, completed person specification etc showing these reasons. Not all employers publish this requirement (or even know about it). There have been claims brought successfuly against employers who have not awarded positions to employees for reasons other than their ability or suitability.


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With all respect to Ell-enn employers are advised rather than required to keep the documentation mentioned to protect them from litigation. I suspect many do not. Essentially this is to protect them from claims of discrimination.

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Sorry Fade2Gray - I probably didn't make myself clear

 

"the employer is required to give a legitimate reason and show why the successful candidate was more suitable" if challenged by the unsuccessful candidate who has a right to justification.

 

And yes, employers are advised to keep interview notes etc in case they are indeed challenged by unsuccessful candidates.


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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Didn't mean to appear contrary! - We recently won a tribunal against a candidate who claimed discrimination during the interview process - it helped as we had shortlisting record, interview notes etc. It is getting this through to managers the importance of maintaining this paperwork. I suspect many employers leave themselves wide open by not keeping such records.

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Couldn't agree more Fade2Gray - it never fails to amaze me how some employers leave themselves wide open, and more and more are turning to outsourced HR - how do they keep a handle on it all ????

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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