Ex-employee entitlement to see a reference from previous employer

Discussion in 'Employment & HR' started by DaliaSpring, May 30, 2021.

  1. DaliaSpring

    DaliaSpring UKBF Newcomer

    16 1
    She has asked to see the references from her previous employment. I was advised that we should tell her to ask for them from the previous employer, but don't we have to disclose these under GDPR?
     
    Posted: May 30, 2021 By: DaliaSpring Member since: Jan 4, 2021
    #1
  2. IanSuth

    IanSuth UKBF Big Shot

    595 165
    Posted: Jun 1, 2021 By: IanSuth Member since: Apr 1, 2021
    #2
  3. Paul Norman

    Paul Norman UKBF Legend

    3,541 1,217
    I guess the answer here is for the legal people.

    But I am intrigued as to why showing them the references is a sensitive matter?
     
    Posted: Jun 1, 2021 By: Paul Norman Member since: Apr 8, 2010
    #3
  4. Newchodge

    Newchodge UKBF Legend

    16,065 4,535
    You can refuse under GDPR, however I am also intrigued - your ex-employee wants to know what was said about them by their previous employer? How long were they employed by you, and why are they 'ex'?
     
    Posted: Jun 1, 2021 By: Newchodge Member since: Nov 8, 2012
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  5. DaliaSpring

    DaliaSpring UKBF Newcomer

    16 1
    She was dismissed for gross misconduct after less than 2 years. I don't know why she wants to see the reference, best guess is that she wants it for future jobs. We've never been asked to disclose a reference before.
     
    Posted: Jun 1, 2021 By: DaliaSpring Member since: Jan 4, 2021
    #5
  6. Newchodge

    Newchodge UKBF Legend

    16,065 4,535
    Doesn't sound as if she is looking for proof to take a claim against yourselves, then.
     
    Posted: Jun 1, 2021 By: Newchodge Member since: Nov 8, 2012
    #6
  7. Frank the Insurance guy

    Frank the Insurance guy Full Member

    531 165
    Did you or the previous employer dismiss her for gross misconduct?

    I assume if the employee submits a Data Subject Request, they are entitled to see any and all documents that refer to them? Not sure if this would supersede GDPR (Which I suspect it would) - perhaps someone can confirm?
     
    Posted: Jun 1, 2021 By: Frank the Insurance guy Member since: Oct 28, 2020
    #7
  8. WaveJumper

    WaveJumper UKBF Legend

    2,278 573
    A couple of things spring to mind: if you dismissed her for gross misconduct why is she asking to see the reference from last employer too you has she any reason to think her dismissal was something to do with this. I

    f not wonder why can she just not ask her previously employer to supply when she finds new employment.

    Under the circumstance I would make sure you follow all the rules on 'data subject requests' so nothing comes back to bite you in the bottom
     
    Posted: Jun 1, 2021 By: WaveJumper Member since: Aug 26, 2013
    #8