Law on contacting last employer for a reference

[Batista230]

Hi
Is it legal or not for a company you are applying for a job with to contact your previous employer for a reference with out your consent or knowledge

Thanks

[nemesis45]

Re: Law on contacting last employer for a reference

Hi
Is it legal or not for a company you are applying for a job with to contact your previous employer for a reference with out your consent or knowledge

Thanks

Can't see that there is anything illegal in seeking confirmation of an applicants status as portrayed in an application form/letter nor would I think it unlawful one would have an expectation that such action would be taken,
In the area in which I have worked references were always sought prior to interview.

nem

[Rights Seeker]

Re: Law on contacting last employer for a reference

In the area in which I have worked references were always sought prior to interview.
nem

If that was standard practice, your present employer might then become aware if and when you were applying for jobs with other employers. If you were then ultimately unsuccessful at interview, you could find your present employment under threat despite not having secured new employment. For this and other good reasons I do not believe that seeking references prior to interview is something that would normally happen - and definitely not without the fully informed consent of the job applicant. It surely wouldn't make any sense for employers to be spending their valuable time pursuing references on a fairly large number of potential applicants before they've even made a definite decision to employ them. It would be wasting their own time as well as that of other employers.

As for Batista230's original question: he/she should provide far more details of the job that was being applied for and the circumstances of the application, but as a general rule, I would be extremely unhappy if a reference was sought about me without my prior knowledge or consent. I would only expect past employers to be contacted after it had been made clear to me that an offer of employment had been made and I would also expect to be able to consent or not to consent to specific employers being contacted.

[teaboy2]

Re: Law on contacting last employer for a reference

If you did not fill in the part in the application where they specifically asked for details of employer or a persons details for them to use to get a reference, then they do not have your consent to do so. The data protection act prevents them contacting your current employer unless you have specifically given consent for them to do so.

Though there is implied consent i.e. by applying for a job, its standard practice to have a reference or for the employer to seek a reference, so it is common knowledge to expect them to do so. So you have by applying given implied consent, though if you attached a letter requesting they do not contact your current employer for a reference on the grounds your still employed by them and their knowing your seeking employment elsewhere may put your employment with them at risk, then said letter acts to retract said implied consent!

Your current employer however can not treat you in any detrimental way for seeking employment elsewhere!

[Noah]

Re: Law on contacting last employer for a reference

Many applications I have seen say that references will not be sought until after an offer has been made. I do not think that applying for a job gives implied consent to anything and your present employer should not be divulging details about you without express consent

[Batista230]

Re: Law on contacting last employer for a reference

Many applications I have seen say that references will not be sought until after an offer has been made. I do not think that applying for a job gives implied consent to anything and your present employer should not be divulging details about you without express consent

As I recall now; I think it is illegal for an ex employer to give a bad reference.

Here is an example of what has been happening.
I go in person to apply for a job. They ask what have you done and who have you worked for so I tell them.
They say we would be interested in hiring you please could you fill this application form out tonight and we will be in tough tomorrow.
On the application form it asks for 2 references.
In the mean time they have called my last employer who has given a bad reference. And come tomorrow they ever tell me they have done so and say they can not hire me or they lie about it and make all kinds of excuses up why they will not invite me back.

[teaboy2]

Re: Law on contacting last employer for a reference

Many applications I have seen say that references will not be sought until after an offer has been made. I do not think that applying for a job gives implied consent to anything and your present employer should not be divulging details about you without express consent

Well there not going to actually seek references from those that they have not been offered the job, simply because of the time and effort involved in doing so, let alone cost of doing so! So there is implied consent if an offer is made. But where applications do not say anything about when references will be sought, then the act of giving details as to who they should contact for a reference is implied consent. Its also common sense that if your asked in an application to give details as to whom they can seek references from, that they are going to contact them at some stage!

[teaboy2]

Re: Law on contacting last employer for a reference

As I recall now; I think it is illegal for an ex employer to give a bad reference.

Here is an example of what has been happening.
I go in person to apply for a job. They ask what have you done and who have you worked for so I tell them.
They say we would be interested in hiring you please could you fill this application form out tonight and we will be in tough tomorrow.
On the application form it asks for 2 references.
In the mean time they have called my last employer who has given a bad reference. And come tomorrow they ever tell me they have done so and say they can not hire me or they lie about it and make all kinds of excuses up why they will not invite me back.

If your previous employer gave you an inaccurate reference then that is libel and you can sue them for damages i.e. lost of potential earnings made from job that you were turned down for due to the inaccurate reference.

A bad reference however is not illegal, unless its inaccurate. I.e. you resigned under investigation, yet reference stated you were dismissed for gross misconduct! For it to be accurate it would have to state "You resigned under Investigation".

So no its not illegal to give a bad reference, it is however unlawful (not same as illegal) to give a reference that is inaccurate. So if you were dismissed and the employer stated in the reference you were dismissed, whilst that may seem like a bad reference, it is still accurate and perfectly lawful!

[Batista230]

Re: Law on contacting last employer for a reference

If your previous employer gave you an inaccurate reference then that is libel and you can sue them for damages i.e. lost of potential earnings made from job that you were turned down for due to the inaccurate reference.

The situation is this
I left because I was messed about
The phone references the company have been giving is that I got bared off of a lot of there customers site for being rude and abusive
I have no knowledge of this
What do you think

[teaboy2]

Re: Law on contacting last employer for a reference

Ok only way you can evidence the phone reference is by getting a copy of the phone recording from the employer the reference was given too, if they recorded the call that is, as a lot do not.

I would simply inform them in writing by recorded delivery, that you have been informed as to the details of the phone reference they gave and that the reference was inaccurate in regards to your being barred for sites for being rude, which is simply not true. Advise them that if they provide any more inaccurate references you will have no choice but to sue them for libel and claim damages for detriment. Advise them all future references are to be accurate and to simply state accurately that you resigned, accurate dates as per start date and date employment terminated, and accurate account of attendance record!

[Batista230]

Re: Law on contacting last employer for a reference

So are you saying I have no proof of this telephone call that took place between there 2 employers so I cant take action agains him

[teaboy2]

Re: Law on contacting last employer for a reference

No i am saying without a recording of the phone call, or written statement from the employer that contacted your previous employer for a reference confirming what previous employer said, then its your word against that of your previous employer's!