>Searching the Employment Appeal Tribunal website
> http://wood.ccta.gov.uk/eat/eatjudgments.nsf with the words 'Confidential
> Reference' revealed the case of MR RAHUL JINDAL Vs UNIVERSITY OF GLASGOW.
>
I've had a quick look at this judgment, and I don't think it helps us at all, because it's fairly narrow in scope. It seems to be a judgment that in the course of an Employment Tribunal where confidential references are material evidence they should be disclosed, including the identity of the referees. However it is a case from before October last year and makes no reference to the DPA.
>My source thought there had been a House of Lords case indicating
> confidential references should be available to the person they relate to. I
> have not searched any other sites though. Has anybody on the list any
> knowledge of such case(s)?
>
House of Lords judgements are on the web at and can be searched from
http://www.publications.parliament.uk/pa/ld199697/ldjudgmt/ldjudgmt.htm
Anyone got the time? The LAG Employment Law Handbook says that in Spring v Guardian Assurance plc and others (1994) IRLR 460) {1994 - not currently on the website) the HoL found that an employer could be sued either for breach of an implied term of the contract or in negligence for a reference which is not 'fair, just or reasonable'. The book goes on to discuss the difficulty of getting hold of a reference. In DPA terms the authors appear not to understand that references are only specifically exempted where given by the data controller.
Paul
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