An employee is leaving

[Banjo]

Are employers allowed to not provide a reference?

A refusal to provide one or say anything over the phone would speak volumes.

 

[Sharky]

My old firm ruled that all references had to be written/sent by the HR department. Managers themselves were not allowed to send references on behalf of the company.

 

[Bonefish Blues]

My old firm ruled that all references had to be written/sent by the HR department. Managers themselves were not allowed to send references on behalf of the company.

...which is the way of many companies, for reasons I cited earlier.

 

[Cycleops]

A written reference often means very little. Any prospective employer is better off phoning and speaking to managers.

 

[bruce1530]

Somewhere I have a list of things that can be put in references, which can be interpreted more than one way.

“A person like this is hard to find” (ie he’s always skiving off)
“Nothing can describe the contribution he has made to....”

Or for someone who drinks too much:
“I often felt he was wasted in his current role”
“He enjoyed many happy hours while employed us”

and finally

"I cannot recommend this person too highly. If you can get him to work for you, you will indeed be fortunate"


But seriously - what they said above - the DPA may exempt you from being required to provide the reference, but does not prevent the subject of the reference requesting it from the other organisation (whether or not their application was successful).

If asked to give a reference, I will always give a copy to the subject.

 

[ClichéGuevara]

I could be reading this wrong, but it sounds like you're not exactly sad to see them go. If that's the case, wouldn't you want them to get a reference that encourages the other employer to take them?

 

[Bonefish Blues]

I could be reading this wrong, but it sounds like you're not exactly sad to see them go. If that's the case, wouldn't you want them to get a reference that encourages the other employer to take them?

As I wrote earlier:

What you provide must be accurate and truthful, and something that, if challenged, can be objectively demonstrated.

 

[Bonefish Blues]

Effectively, the practice of referencing is much the same as private car buying

 

[Drago]

[QUOTE 5095418, member: 76"]And has sent me an email saying that under the Data Protection Act I have an obligation to show her the reference I intend to write for her.[/QUOTE]

They're clearly not leaving to become solicitors!

 

[Milkfloat]

Over the last few years when people have asked me for references I have directed to HR per the company policy, but I also use LinkedIn to provide a decent write up for them. I never even interview people unless I can read about them on LinkedIn before hand.

 

[nickyboy]

Over the last few years when people have asked me for references I have directed to HR per the company policy, but I also use LinkedIn to provide a decent write up for them. I never even interview people unless I can read about them on LinkedIn before hand.

Interesting. I deleted my LinkedIn years ago. Whilst I was careful what I put in it, people that linked to me were far too open. It was very easy to work out some commercial connections that could benefit others. So I deleted my profile

 

[marzjennings]

Are employers allowed to not provide a reference?

A refusal to provide one or say anything over the phone would speak volumes.

My old company in the UK would only ever confirm employement, the role(title) and number of years. Same here in the US, too much risk putting something in writing.

 

[Tin Pot]

• A written reference often means very little.

Sad but true.

Most of HR is outsourced these days. That company checks if you did work at your given employers on your CV and for the dates stated. They don’t ask and don’t give a hoot what anyone thought of your work.

For me this is sad because all my efforts are to ensure my clients are impressed with my work and happy with me personally, and it means nothing come the next contract.

 

[Tin Pot]

[QUOTE 5095418, member: 76"]And has sent me an email saying that under the Data Protection Act I have an obligation to show her the reference I intend to write for her.

Is this right? I have never come across it before using this particular piece of legislation.[/QUOTE]

See my previous post. Most companies confirm role and dates, nothing else is relayed or asked for.

She is right in that you must reveal any and all information you hold on her, which is much harder to do, but will include any references (written or not) that you give. You will be fined if you do not release *all* information within the appropriate period.

 

[bruce1530]

She is right in that you must reveal any and all information you hold on her, which is much harder to do, but will include any references (written or not) that you give. .

That’s not the case - references are exempt. But she can request the same info from the other party.

From the 1998 DPA:
SCHEDULE 7Miscellaneous exemptions

Confidential references given by the data controller
1Personal data are exempt from section 7 if they consist of a reference given or to be given in confidence by the data controller for the purposes of—

(a)the education, training or employment, or prospective education, training or employment, of the data subject,
(b)the appointment, or prospective appointment, of the data subject to any office, or
(c)the provision, or prospective provision, by the data subject of any service.