...to think references are non-reusable?

[MsMarshmallow]

We are hiring a nanny and I recently had to do the reference check for her (writing to her previous family/employers). I received a positive response, but now the nanny has asked if I could forward her what her references said, so she can use it in the future.

Am I wrong in thinking these emails are personal and non reusable? Should I ask the references first to see if they mind at all, or just tell her that she needs to write to them directly and ask them for a new reference?

References aren't likely to change, if someone's already left that employment, unless some previous misdemeanour came to light, I suppose.

However, I'd have thought it would be more appropriate to ask the referree rather than you, if it's something she wants to use for the future.

you are the employer, she is the employee. She is entitled to ask her employer for sight of her HR file and she is also entitled to copies of it (Data Protection Act). This includes paper and electronic files.

She's entitled, you have to give it to her, so give it to her...

And remember that because of that references generally don't say anything bad unless it can be actually proven.

As a prospective employer I would never ask a prospective employee to provide the actual reference (people can make these things up!) but would always ask the previous employer.. so why would she want the actual reference?

MadeOfStarDust To know if the previous employer is being honest!

These days you can't say anything bad in references and they're main purpose is to have external confirmation that the person worked when and where they said they did.

These days you can't say anything bad in references and they're main purpose is to have external confirmation that the person worked when and where they said they did.

Of course you can say something bad. What makes you think you can't?

the nanny has asked if I could forward her what her references said, so she can use it in the future

So, she's planning on moving on already??

I think most of you are wrong; OP is entitled to give a confidential ref that she doesn't have to share with the applicant. It's under the principle of "qualified privilege." However to reinforce this, the reference should be marked private & confidential.

You need to get a lawyer to comment, though.

In response to funky

Yes you can say something bad.

But no employer will in case you sue.......

Basic disclosure dates only no comment on ability

I wrote a bad reference last week - all of it true and with evidence to back it up. It was for someone who chose to leave rather than go through the disciplinary process. Not sure why he put me down as a referee. (I did write about his good points too!)

BohemianGirl and FredFredGeorge thanks for the info, I had not idea she was entitled to it (I actually thought quite the opposite, that it wasn't ethical for me to show those letters without the previous employers' consent). I guess it's no big deal then... and fingers crossed that she's really happy with us and doesn't want to leave us anytime soon SoupDragon

lljkk you are right that there's no absolute right for the employee to see the reference (although it's not down to qualified privilege) and the exact legal side depends how the reference was sent and then dealt with(letter marked confidential lower chance, email pretty much guaranteed).

The sender can have no expectation that it won't be shown to the recipient (phone and don't make notes if you want that!) and I would say there's a strong moral entitlement to follow the majority of the law which does require that individuals have access to information their employer holds about them.

BohemianGirl and FredFredGeorge thanks for the info, I had not idea she was entitled to it (I actually thought quite the opposite, that it wasn't ethical for me to show those letters without the previous employers' consent). I guess it's no big deal then... and fingers crossed that she's really happy with us and doesn't want to leave us anytime soon SoupDragon

I do believe that if she wants to see them, she has to ask them not you.

FunkyBoldRibena Nope, other way around,

See:
www.ico.org.uk/what_we_cover/handling_complaints/case_story_1

Well if she is with you for more than a couple of years the old references cease to be that relevant. So I would question why on earth she needs them?

With us it's a part time position, so she might look for another part-time job in the future. Also, her previous employers live abroad, so it took a bit long to obtain the references (probably the reason why she asked).

I was asked to give a reference to someone who'd been sacked for gross misconduct. God knows why they asked me. I didn't know what to say, particularly as I was no longer on the leadership role, partly due to the incident. I checked with hr and they said to pass it to them and they'd just reply with basic employment facts of how long person had been employed.