Right to read employer's reference

Do I have any right to read a reference before it is sent to a new employer, under Freedom of Information Act - If I recall correctly, an employee has this right in the UK, as this can be held on your work record???

Re: Right to read employers reference.

No, you do not. Also, though I am open to correction, I would be surprised if UK law allowed you to insist on sight of a reference before it is sent.

You probably do if it is filed under data protection legislation

www.dataprotection.ie

From data protection commissioners website

"In regard to references, it is often said that these are given in confidence. Notwithstanding this, the Commissioner considers generally that the right of access applies to them. There would need to be particular exceptional circumstances which would cause the Commissioner to be satisfied that the data would not otherwise have been given but for this understanding"

[broken link removed]

Look at it a different way...Request under FOIA from your new or prospective employeer all written (electronic or paper, including notes) that is on file relating to you. Then you get to see the ref ...

From the same website... i presume then if the employer states they got/gave the reference on the condition it was in confidence, then it is not covered by the DPA


(i) Opinions given in confidence
Section 4(4A) provides that personal data containing expressions of opinion about the data subject may be given to the data subject without the permission of the person who expressed that opinion but this does not include opinions “given in confidence or on the understanding that it would be treated as confidential”
An opinion given in confidence on the understanding that it will be kept confidential must satisfy a high threshold of confidentiality. Simply placing the word “confidential” at the top of a page will not automatically render the data confidential. The Commissioner will look at the data and its context and will need to be satisfied that the data would not otherwise have been given but for this understanding. Supervisors and managers will not normally be able to rely on the provision as it is an expected part of their role to give opinions on staff which they should be capable of standing over. On the other hand, a colleague who reports a matter relating to an individual in confidence to a supervisor could be expected to be protected by the confidentiality provision.

Thanks all for info. Interesting website Mmclo...
I work for the HSE,in an specialist area that nationally is a small number of people, and word soon gets around about people working in the same field. Ive clashed with my boss from day 1 and am concerned she may give me a less than impressive reference, which will be on my work record till retirement....

I don't see how an employee could be able to use an FOI request for this info - would be a complete breach of the principle of FOI surely? Why should a HSE worker be able to see where a private sector employee doesn't have same right?

Who said anything about it being different for the private sector??

In the company I used to work for, they´ll always give you a copy of the references they´ll pass to other employers. I don´t see why you can´t see them. Also, they can´t give bad references.

Northerngirl said:

Who said anything about it being different for the private sector??

Click to expand...

FOI is not applicable to private sector

adorado said:

Also, they can´t give bad references.

Click to expand...

What's the point of a reference then?

No point! Apparently they can't say anything negative, only the positive comments they have about you. And they can say they prefer no to comment if there was something negative.

There is no reason why an employer cannot say something negative - as long as they can stand over it or as long as it is not misleading for example if you said someone was late every morning but omitted the fact that they always worked late to make up the time. The reality in Ireland is that most employers do not say anything negative or they use silence to communicate the negative things.

On the original question, the FOI applies to the public sector only. Data protection applies in the private sector and the arguement about an employees access to references is somewhat unresolved, see mmclo's reply above, the data protection commissioner seems to be of the opinion that employees should get access to references, even when they are given in confidence.

You have to wonder how long the reference system will survive at least in writing, I believe a lot of U.S. firms will not give them anymore