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Job Offer Revoked After Reference!

Discussion in 'Workplace dilemmas' started by TheDrunkenShrew, May 16, 2019.

  1. Pomza

    Pomza Star commenter

    Just read this, which seems entirely contradictory to other published information on the matter. I now don’t know the technical position. However, if one could prove that a ‘false’ reference was the reason for a job offer being rescinded, the matter could still be pursued legally.

    Wouldn’t want to attempt it myself though...!
    Piranha likes this.
  2. Piranha

    Piranha Star commenter

    I am not sure if it is allowed, (I can't see why not) but it is definitely true that you can no longer insist. Sites which refer to the right you had to see a reference if a prospective employer still had it have not been updated.
  3. Piranha

    Piranha Star commenter

    Yes, this is true. The difficulty is proving a reference to be false, as it can be highly subjective.
  4. grumpydogwoman

    grumpydogwoman Star commenter

    You absolutely MAY ask either the employer providing the reference OR the employer receiving it to disclose the contents of the reference. But, lest anyone reading this think they have a right to be shown the reference, you (the subject of the reference) no longer have any RIGHT in law to have any disclosure made to you. None.

    You can ask and they may not know the law and accede to your request. But you have no entitlement. Just to make this clear. Before anyone else asks. Sure, you might turn out to have an employer who hasn't yet caught up with the law. But that's their error and your good fortune.

    Disclosure of references

    Previously under the Data Protection Act 1998 (DPA) employees had rights of subject access to personal information held by their current or former employer and this could, in principle, include references given by current or former employers. However, there was an exemption whereby an employer who provided a confidential reference was permitted to decline to disclose this to the employee. This protection was however undermined by the fact that the employees could then apply to the recipient employer for a copy of that reference which was not able to rely upon the same exemption.

    Under the GDPR and DPA 2018, employees still have the right to make subject access requests. However, the loophole in the previous legislation has been closed and personal data held by either the giver or the recipient of a reference may be withheld where it consists of a reference given or to be given in confidence for the purposes of the:
    • Education, training or employment, or prospective education, training or employment, of the data subject.
    • Placement, or prospective placement, of the data subject as a volunteer.
    • Appointment, or prospective appointment, of the data subject to any office.

    • Provision, or prospective provision, by the data subject of any service.

    Piranha and agathamorse like this.

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