Subject Access Request

[CaptainRedbeardandbigbadbarry]

In a nutshell:
Almost 40 years unblemished work childcare history.
I have had the last five years out due to mental / physical health and have been very poorly.
Last school role was in 2020.
That was my last job. I’ve been recovering and am so much better.
I applied for a new position and was so successful I got the job. It was a dream position.
It has been now rescinded . I’ve been outed based by one reference from my last Head .
Any advice ?
speaking to a lawyer this week as well as have received some great advice from CAB .

A reference these days should o ly include:
Start date
Leave date
Job title
Reason for leaving

Anything else is up for a challenge.

Thank you so much 💜

I am really sorry about your situation.

Yes, you absolutely can put a Subject Access Request. If you go on ChatGPT it will literally write it out for you.

Also check out disability discrimination.

Thank you . CAB believe it to be potential disability discrimination, but have to remain impartial.
I am beyond upset.

I will do the SAR tomorrow to both parties .
Thank you so much again .

How awful. So sorry to hear that. Hope you can work something out.

I have only recently discovered ChatGPT. It's amazing. No substitute for professional advice though. Good luck

Thank you 💜

What do you mean by ‘outed’? There is a possibility that the reference is subject to a confidentiality agreement in which case it will not be disclosed.

Lots of information here regarding references in schools.

https://neu.org.uk/advice/your-rights-work/contracts/ending-employment/references-teachers#:~:text=A%20reference%20may%20also%20include,parents%3B%20and%20your%20educational%20vision.

If the reference was given in confidence (most are)it will be exempt from release in a subject access request I'm afraid.

Yes there is an exemption from subject access rights for professional references given for employment reasons, if it can be said that the person supplying it did so with an expectation of confidence. Because otherwise previous employers may feel like they can't be candid about disciplinary problems and other issues. But in practice a new potential employer should talk with you about the concerns and give you in effect a "right to reply" - the reference we got from a previous employer raised issues around timekeeping and accuracy of your work, and said you resigned before a formal disciplinary took place. Is that correct, what were the circumstances from your perspective, etc. That gives you a chance to correct anything inaccurate and make your own case, then they can decide if they still want you or not. If they don't put anything to you and just refuse you the job on the say so of your old boss, who may be motivated to embellish or make things up, do you really want to work there.

There is no law stating what can and cannot be included in a reference. Many employers only give a basic reference confirming the employee's start and end dates, and their job title. However, they can include other information provided it is accurate and fair. Since you refer to possible disability discrimination, your old employer should not have included any information that could be used in a discriminatory way, so they should not have disclosed any disability. If such information was disclosed. the new employer should not have used it to discriminate against you. They cannot withdraw an offer based on your disability unless it is clear that your disability means it is completely impossible for you to do the job even with reasonable adjustments.

As others have said, there is an exemption from SAR for job references. If both employers are clear that references are confidential, they do not have to disclose the reference to you. However, if you take them to tribunal for disability discrimination it is likely that they will have to disclose the reference.

Thank you for this . I have been in touch with the ICO and am applying for two separate SAR on their advice and through them.

The problem with an SAR is what it won’t include. In my experience, there is often an untraceable head to head phone call to discuss a candidate.

At my firm, references are standard, basic confirmations of start/end dates. In practice, people get a surreptitious phone call.

Any job subject to safer recruitment needs more detailed references than just dates worked, salary, job title, reason for meeting. You need someone to answer the questions around safeguarding and suitability to work with children/vulnerable adults. References are often verified and someone will phone the referee to check through the answers.
If you are in a union, I would see if you can get an agreed reference sorted with the previous head or ask the lawyer to negotiate it.

Phone calls between Heads are a regular way of them gaining off the record information about a candidate. They may not disclose personal details in the call but if asked if they’d employ the person again and they respond no, then that will be the as far as the application goes.

Don't they still need to justify why they withdrew the offer?

No, they do not need to give any reason at all. If they want to give a reason for withdrawing an offer that was conditional on references, they can simply say that the references were not satisfactory. They don't have to go into any further detail.