>Hi All
>An ex-employee has contacted the Council for a copy of a reference which was
>given to a prospective employer. I believe the ex-employee did not get the
>job and wishes to obtain a copy of the reference the Council gave to that
>prospective employer as the ex-employee believes that the reference caused
>the ex-employee not to get the job.
>Are we as the provider of the reference obliged to give that person a copy
>of the reference or should the ex-employee write to the prospective employer
>who in turn would have to ask the Council for permission to disclose the
>reference but of course the prospective employer did not actually employ the
>ex-employee so may not have kept a copy of the reference.
>Sorry - it seems a very long saga but any contributions would be gratefully
>accepted.
My two pennyworth: your Council is under no obligation to provide a copy of
the reference under the Act. The ex employee should go to the would be
employer for the copy.
Two scenarios then arise:
1. The would be employer has shredded or thrown away the reference
because the individual did not get the job. In such cases, the individual
can't get to see the reference.
2. The would be employer retained the reference. In such cases, the
would be employer has to disclose the reference to the individual. It does
not have to get permission from your Council to do so. However, the Act
says that such a disclosure should not reveal personal data about any third
party. It is therefore arguable that the name of the person in your
Council who signed the reference should be removed.
Charles
Professor Charles Oppenheim
Dept of Information Science
Loughborough University
Loughborough
Leics LE11 3TU
Tel 01509-223065
Fax 01509-223053
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