Reference checking...

[ProfessionalMale]

When seeking references on a potential new employee does he or she need to give official authorisation to contact previous employers?

What are the potential repercussions / law suits if not given authorisation?

 

[txls]

no

 

[army judge]

When seeking references on a potential new employee does he or she need to give official authorisation to contact previous employers?

What are the potential repercussions / law suits if not given authorisation?

The repercussions could arrive if you hire someone without thoroughly vetting their background.

 

[ProfessionalMale]

Think you might of mis-understood my question...

Employers must give a reference if:

• There was a written agreement to do so
• They're in a regulated industry, eg financial services

If they give a reference it:

• Must be fair and accurate - and can include details about workers' performance and if they were sacked
• Can be brief - eg job title, salary and when the worker was employed

Once the worker starts with a new employer they can ask to see a copy of a reference. (They have no right to ask their previous employer).

*What I really want to know is what law suits can be actioned for unofficial references potentially?

 

[txls]

The only actionable offense as far as references that I know of are 1. If false statements are made 2. If private-protected information is given out(medical information for example.)
If I apply for job and list a former employer, I should assume that they may be contacted for a reference. My permission is not required.
Don't know what you mean by "unofficial references."

 

[Betty3]

Just contacting a former employer for a reference does not require any authorization from the employee.

 

[army judge]

Think you might of mis-understood my question...

Employers must give a reference if:

• There was a written agreement to do so
• They're in a regulated industry, eg financial services

If they give a reference it:

• Must be fair and accurate - and can include details about workers' performance and if they were sacked
• Can be brief - eg job title, salary and when the worker was employed

Once the worker starts with a new employer they can ask to see a copy of a reference. (They have no right to ask their previous employer).

*What I really want to know is what law suits can be actioned for unofficial references potentially?

I understand you're posting from the UK.
You need to see a solicitor on your island nation.
This is a US focused law discussion site.
We're not being effete snobs.
We just don't know enough about the law in the UK to make informed comments.

 

[ferretrick]

I'm not sure where army judge saw you are in the UK-but he is correct if so. I don't think any of the regular posters here are familiar with UK law.

I can tell you that in the US, while it is not legally required to obtain the applicant's permission to check references, it is definitely bad form not to, especially for their current employer. As a candidate I would be PISSED if an employer did that, and it would probably cause me to withdraw from the application process.

 

[cbg]

There is a difference between MUST give a reference and MAY give a reference. In the US, the circumstances under which an employer MUST give a reference are few. But an employer MAY give a reference anytime.

I would venture to guess that even in the UK, while there may only be two circumstances where an employer MUST give a reference, that does not mean that he MAY not do so in other situations.

 

[adjusterjack]

It always amused me to see job applications that ask if it's OK to contact the most recent employer. I figured if anybody wrote no to that, the application would go right into the round file.

 

[txls]

Most recent employer is different from current employer. I would never contact a current employer without the applicant's permission.

 

[adjusterjack]

Oh, you mean while the candidate for the new job is still working at the old job. Yeah, it would be bad form to do that.

 

[army judge]

I'm not sure where army judge saw you are in the UK-but he is correct if so. I don't think any of the regular posters here are familiar with UK law.

I can tell you that in the US, while it is not legally required to obtain the applicant's permission to check references, it is definitely bad form not to, especially for their current employer. As a candidate I would be PISSED if an employer did that, and it would probably cause me to withdraw from the application process.

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