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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]> 
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06/06/2011 15:39
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[data-protection] References






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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