As previously mentioned there is loads of conflicting cases on this subject. Can't cite the case reference but there was one where an accountant was suspected (only suspected) of fiddling the books. Applied for another job and his current employers were only too pleased to be shot of him, so gave a good reference. Employee went on to fiddle the books at new of the new employer. Original employer held liable for not passing on suspicions to new employer! Will try and remember the case.


Many Thanks

David Wilson
Data Protection Officer
01305 225175


Phil Bradshaw <[log in to unmask]>
Sent by: This list is for those interested in Data Protection issues <[log in to unmask]>

06/06/2011 15:39
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Employee is accused of theft in the workplace. Police are involved. Arrested and charged. Thrown out at Crown Court pre-case conference when evidence found to be wholly insufficient to convict. Proceeds nevertheless to full internal disciplinary hearing with similar result. No case to answer.

Employee later applies for external jobs. Manager mentions in giving a reference that there had been disciplinary proceedings.

Assuming that the reference was factual and complete (i.e. that it says employee returned to work with no adverse findings) :

1. If no specific question was posed by the prospective employer, was mentioning the disciplinary proceedings at all without prior discussion with employee unfair processing of personal data ? Was there any good reason to do so ?

2. If yes, do you nevertheless agree that if the question was specifically asked "Has X ever been subject to disciplinary proceedings" then the answer 'yes' must be given with an explanation ?

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