Subject access request

[Dastardley]

I am thinking of submitting a DSAR to a former employer as I suspect they might have written me a bad reference.

Relations between myself and this particular employer can best be described as "sour". I fully suspect that they won't release all the information that I ask for. How can I be sure that they have given me all the information, and that this information hasn't been doctored?

[enaid]

Re: Subject access request

Hi dastardley and welcome,
Please have a read of your rights re references https://www.gov.uk/work-reference hope that clears this up for you

[nemesis45]

Re: Subject access request

Good morning, welcome to LB.
Have you requested a copy of the reference from the employer?

As to knowing if personal data has " been doctored" you will have
to use your own judgement, then if you believe that personal data
has been withheld you complain and refer it to the Information
Commissioners Office.

nem

[Dastardley]

Re: Subject access request

Many thanks for your reply!

Do you mean have I requested a copy from the employer receiving the reference (we'll call them BigCorp) or the employer who wrote the reference (we'll call them LittleCorp)?

I was told (by telephone) by BigCorp that "one of the references is not satisfactory". I asked if they could send me a copy and they said no. I also asked which employer wrote the reference in question (I had to supply several) and BigCorp said that they can't give me any further information.

I have seen that page on gov.uk- it's why I suspect that the bad reference might not have come from LittleCorp. Although my relations with LittleCorp were sour, I never had a disciplinary so my employment record is "clean". Although I know for a fact that LittleCorp were constantly looking for things that they could use in a gross misconduct charge against me.

The problem with LittleCorp is that I had more on them than they had on me, and they knew it. I was about to complain to the regulator about LittleCorp's actions/inactions when I was offered another job- this was 2 years ago- so I never went through with the complaint. I have been with my present employer (we'll call them MediumCorp) for 2 years and have a very good working relationship with them, but I was offered a better paying job with BigCorp so accepted. However the offer was withdrawn after references were received.

[Dastardley]

Re: Subject access request

... I should add that before working for LittleCorp, I worked for NiceCorp and had a good working relationship with them too.

However an error of judgement whilst I was working my notice meant that they had to issue me with a disciplinary. This was for something that I could very legitimately challenged- and probably won, but because I was leaving, I didn't challenge it. This means that my employment record with NiceCorp has this disciplinary on it. This was 6 years ago, but because I left shortly after the disciplinary it has remained on my record. My leaving NiceCorp had nothing to do with the disciplinary- I was offered a job with LittleCorp long before the incident in question.

[nemesis45]

Re: Subject access request

Many thanks for your reply!

Do you mean have I requested a copy from the employer receiving the reference (we'll call them BigCorp) or the employer who wrote the reference (we'll call them LittleCorp)?

I was told (by telephone) by BigCorp that "one of the references is not satisfactory". I asked if they could send me a copy and they said no. I also asked which employer wrote the reference in question (I had to supply several) and BigCorp said that they can't give me any further information.

I have seen that page on gov.uk- it's why I suspect that the bad reference might not have come from LittleCorp. Although my relations with LittleCorp were sour, I never had a disciplinary so my employment record is "clean". Although I know for a fact that LittleCorp were constantly looking for things that they could use in a gross misconduct charge against me.

The problem with LittleCorp is that I had more on them than they had on me, and they knew it. I was about to complain to the regulator about LittleCorp's actions/inactions when I was offered another job- this was 2 years ago- so I never went through with the complaint. I have been with my present employer (we'll call them MediumCorp) for 2 years and have a very good working relationship with them, but I was offered a better paying job with BigCorp so accepted. However the offer was withdrawn after references were received.

Your previous employer, if you have been denied a copy of the reference that is " reason" to make the SAR and if it's still denied then you complain to the ICO.
I have seen request for references declined when subject to a SAR and said not to be " personal " data a stance I do not agree with.
Nem

[R0b]

Re: Subject access request

If you started work for the new employer you have a right to see that reference, as far as I'm aware you do not have a right to ask it from your previous employer. If you didn't start then that's something different. So Bigcorp as you call them should provide you with the references and not smallcorp.

The previous employer can refuse consent to disclose the reference, or at least the confidential information if it relates to something or someone else.

As always though where there is a cause of action, you can always ask the court to order disclosure with the appropriate fees if they refuse.

But I think the SAR should be directed at Bigcorp and within your letter mention all references given to Bigcorp - if they fail to supply all relevant documents then an explanation as to why they refused.

[Sparkie1723]

Re: Subject access request

My experiences with SAR's .....and believe me I have had a LOT..........I would ( if you can afford it) send an SAR to both and specifically ask your previous employer for a copy of the exact reference they sent to the prospective employer and one SAR to that said prospective employer asking for specifically the same........... sending information and data about a data subject is processing of data under the Data Protection Act 1998............receiving information even if nothing further is done with that information is classed as "processing" data.
Therefore both must comply with an SAR.............you would then be able to compare the information to see if it has been " doctored" as you suspect............rest assured firms do "doctor/with hold information and data that is NOT subject to legal privilege......................

As I said you bare entitled to see the information that your previous employee disclosed to the potential employer ...AND entitled to see the information that the potential employer received, you are also entitled to request that both parties/companies destroy any information you believe is detrimental to you in any way, which if and when destroyed........ a certificate of destruction be given to you signed by an officer of the companies.

Sparkie