Employer contacting old employer not for reference

[Scotty2k11]

I have worked for my current employer just short of 12 months, I passed my probation period after the first 3 months. I used my previous employer as a reference when I first started my new job. This week my current employer has contacted my previous employer. Is this allowed? And if so what can be discussed? And do I have a right to know what has been said?

[teaboy2]

Re: Employer contacting old employer not for reference

They can only discuss your work with the previous employer and why you left. Your previous employer is obliged to provide truthful references and not discuss anything personal about you, such as your personal interests or family issues at home etc.

You can request a copy of all correspondence between your previous employer and your current one, including transcript of phone calls (if recorded) and written letters/emails etc, under section 10 of the data protection act 1998.

Personally i would first though i would simplay have an informal chat about it with your manager to see what has been said. If they have not taken any action against you then i would not worry about to be honest, and just get on with doing your job as best as you can.

[charitynjw]

Re: Employer contacting old employer not for reference

I think that, under the Data Protection Act, once an employer has requested a reference from a previous employer, the data changes status from 'confidential' to 'reference received', & can be requested from the previous employer.

[stevokenevo]

Re: Employer contacting old employer not for reference

I have worked for my current employer just short of 12 months, I passed my probation period after the first 3 months. I used my previous employer as a reference when I first started my new job. This week my current employer has contacted my previous employer. Is this allowed? And if so what can be discussed? And do I have a right to know what has been said?

Do you know why they have been in contact, and can you share that with us?

[teaboy2]

Re: Employer contacting old employer not for reference

I think that, under the Data Protection Act, once an employer has requested a reference from a previous employer, the data changes status from 'confidential' to 'reference received', & can be requested from the previous employer.

Thats true, but only applies to the content of the reference and no personal details other than the persons name, date of bith, address etc and details of their work ethic, record and etc. and reason for leaving/dismissal can be including. Anything stated about the subjects personal life etc would fall foul of the data protection act. Also anything false would give grounds for employer to sue the person/employer responsible for the false statements for libel.

[labman]

Re: Employer contacting old employer not for reference

Do you have cause to suspect a negative reason for them contacting your previous employer? Do you know if the contact was by phone or written?

I know from my previous role that phone references often carried much more weight than a written reference. However incorrect this is, it is common practice.

[righty]

Re: Employer contacting old employer not for reference

Q How do you know this has happened?

[Scotty2k11]

Re: Employer contacting old employer not for reference

They received a personal phone call from an ex girlfriends dad with an axe to grind with me and told me they are looking at bringing me down a disciplinary route for this which I don't agree with in the first place. I left my old employer as it was the end of a fixed contract and had an impeccable record at my old place. I know my former manager would not have a bad word to say about me. I just feel to be contacting my old employer now after a year in my new job is quite sneaky and underhand. I would like to thank you all for your help and advice. I know the contact was by phone but I have not yet mentioned that I know
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Q How do you know this has happened?

I overheard my office manager initiate the phone call but didn't stick around to listen

[labman]

Re: Employer contacting old employer not for reference

We all have people who don't like us or have an axe to grind for some reason. As long as you know your conduct has been OK, I wouldn't worry too much.

[righty]

Re: Employer contacting old employer not for reference

How is the ex girlfriends dad involved. Is he your present employer??

[stevokenevo]

Re: Employer contacting old employer not for reference

sounds a bit complicated, and not sure i can make out the full picture, so, in the words of my favourite dragon...... im out

[charitynjw]

Re: Employer contacting old employer not for reference

If you have misrepresented yourself on your job application or CV, etc, the employer may have grounds for dismissal.
It would have to be proven of course.

Refer Cheltenham Borough Council v Laird [2009] EWHC 1253 HC

[Celestine]

Re: Employer contacting old employer not for reference

As I read it, your ex girlfriends dad has contacted your current employer to have a moan about you/make allegations/**** stir???

This has prompted your current employer to contact your old employer to see if there is any substance to these allegations/generally check out your reputation personally as this phone call has alarmed him?

When he spoke to your ex employer, in all likelihood he will have been told only positive stuff about you due to a genuinely good history.

So you are aggrieved that your current employer has reacted in such a way/doubted you/contacted your ex employer to verify you? Especially after a year in the job.

If I am correct, I'm not surprised you are annoyed, you are probably also annoyed that your ex GF's dad has been so successful at stirring trouble up.

But, it is the possibility of disciplinary you need to clarify. Why is disciplinary threatened? What did the ex GF's dad allege about you? How could this impact on your work reputation?

[righty]

Re: Employer contacting old employer not for reference

I think that, under the Data Protection Act, once an employer has requested a reference from a previous employer, the data changes status from 'confidential' to 'reference received', & can be requested from the previous employer.

No but it can be requested from the present employer.

A reference should only include your employment stats. Length of employment Duties, Sickness, Time Keeping etc There should be nothing which describes your suitability for employment such as 'good bad worker' etc

[labman]

Re: Employer contacting old employer not for reference

No but it can be requested from the present employer.

A reference should only include your employment stats. Length of employment Duties, Sickness, Time Keeping etc There should be nothing which describes your suitability for employment such as 'good bad worker' etc

I don't think that is the case across all areas of work. Some actually consider it good practice to write a reference against the person specification or job description.