Asking to see your reference - anyone done this?

[HappyTeacher75]

Hi

Just that. Has anyone asked either their school or a school they have applied to, to see the reference written about them?

How did you go about it if so?

[TalaxuArmiuna]

you are entitled to submit a subject access request to any organisation that might hold electronic records about you and require them to release all such information to you. however that only covers electronically stored records so if a reference was handwritten it can be excluded.

I have never done this but I know they happen as when writing references we are warned by HR to stick only to facts that could be proven in a court of law if needed - so no statements that are opinions - precisely because this is a possibility.

[HappyTeacher75]

I'd have thought electronic.
Do I just email the contact I had? Googling had me confused!

[mnthrowaway202020]

@TalaxuArmiuna references aren’t included in that though

[mnthrowaway202020]

www.vwv.co.uk/news-and-events/blog/employment-law-brief/gdpr-references-exemption-disclosure

[TalaxuArmiuna]

@mnthrowaway202020 so why are so many HR depts so paranoid about people making trouble when they find out what was written in a reference? I know it's not just my company. there are loads who have this kind of policy.

[noblegiraffe]

Two people I know asked their new school to see it and were shown it. There was no point in asking the old school.

[ChicCroissant]

You can ask the school you are working at now for sight of your reference, but not the schools you have applied to and been unsuccessful.

IME people usually ask to see their reference because they disagree with the referee's opinion Talaxu. I agree with you that a lot of companies have a policy of very bland references nowadays.

[ChicCroissant]

Just to clarify because I think the OP wants to ask the school she is working at now for the reference they are sending to others - that's not what I meant! You can ask your current employer for the references they have received when you applied to work there!

[mnthrowaway202020]

@TalaxuArmiuna Again that doesn’t change the fact that references are a specific exemption under data protection requests due to being confidential.

When GDPR was introduced, they closed a loophole so now both the referee and the new employer are exempt from providing references under GDPR. They can disclose references if they want to but are under no legal obligation to.

References have to be factual and therefore evidence is needed to support them. If an employer gives an unfounded scathing reference, they could be taken to court. Obviously HR exists to avoid situations like this from occurring, hence why basic references or a refusal to provide a reference are the preferred options.

[TalaxuArmiuna]

@ChicCroissant but not the schools you have applied to and been unsuccessful.

then how is @mnthrowaway202020's "If an employer gives an unfounded scathing reference, they could be taken to court" ever possible?

[ChicCroissant]

You'd have to ask mnthrowaway for the answer to that!

[HappyTeacher75]

Just to clarify - I was going to ask somewhere I applied to but was turned down from.
Asking my employer would be disastrous.
Current employer has form for incorrect references.

[mnthrowaway202020]

@TalaxuArmiuna I have attached the relevant information regarding GDPR directly from the ICO as you seem to be having comprehension difficulties.

Again, they can disclose references if they want to but are under no legal obligation to. Just to really make it clear for you - you can ask, either company can say no.

[tulippa]

I asked to see mine sent from my last school. The headteacher refused saying he didn't have to. Who knows what he wrote in it but I still got my new job ok.

[BeingATwatItsABingThing]

I know someone who worked in my school who asked to see her reference. She was given it and wasn’t pleased with what it said.

[HappyTeacher75]

@BeingATwatItsABingThing was it truthful but not what she wanted to see, or incorrect?

[BeingATwatItsABingThing]

Umm... I wouldn’t say it was completely inaccurate.

[HappyTeacher75]

😀 far enough! My place has form for causing trouble through references and despite doing a bloody good job, I wouldn't put it past them to write otherwise.