There is a big difference between confirming that an individual was
previously employed by a company, and that company giving an employment
reference.  The only thing an employer is obliged to confirm are the
dates of employment, the title of their post and the salary paid.  That
level of information is likely to be held in perpetuity given that it is
a point of historical fact.  In other words you can't expect a former
employer to wipe your name off their records entirely because you would
in effect be covering up the fact that you ever worked there.

-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Nick Landau
Sent: 28 September 2006 12:54
To: [log in to unmask]
Subject: Re: [data-protection] DP Question on an external forum relating
to HR record in previous job

I have responded in that forum that besides the fact that the employer
cannot just lose his records (well, they can but they shouldn't).

If the person with the question doesn't give the former employer as a
reference, then the potential employer shouldn't ask them for a
reference.

Of course, if the job is put on the application form, it is normal to
ask why the applicant left that employer.

On the other hand, if they leave the job out that also doesn't look good
either.

I have been in the reverse situation where a former manager declined to
give me a reference. After some writing to senior managers and a
councillor, I did manage to get this reversed. The fact that I get a
pension in relation to that position made a nonsense of the statement
that they didn't have records going back that far.

So if a manager doesn't want to give a reference for any reason, they
should first pass the request back to the HR Department.

Because after all withholding a reference of the most basic kind can
prevent an individual from getting any job - which I submit would be an
infringement of their human rights.

(What is unclear is why the person has just raised the question after 3
years? What has he been doing in the mean time? If he has got some other
employment since then he might be able to avoid mentioning this
particular employer etc)

Nick Landau

----- Original Message -----
From: "Simon Howarth" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, September 28, 2006 12:19 PM
Subject: Re: [data-protection] DP Question on an external forum


> Actually, Tim looks spookily like my father-in-law, and as I have
never 
> seen
> them together.... ;-)
>
> I can't really add anything to the debate except to thank Tim for
bringing 
> a
> new site/forum to my attention. Cheers.
>
> Simon Howarth.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Brenda Scourfield
> Sent: 28 September 2006 11:41
> To: [log in to unmask]
> Subject: [data-protection] DP Question on an external forum
>
> Quote 'Guys and gals (oh no, He's being Jimmy Saville!)'
>
> There is a resemblance looking at the photo...........
>
> Sorry Tim :-)
>
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