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What information is protected by current employers.

28 replies

Diamondsr4ever · 13/12/2013 15:08

Tried to google, but am aware that US law is different to UK.

What information are employers allowed to give out? Is salary protected by data protection?

Just accepted a new role, new salary negotiated and agreed. However new employers asking current employers my salary details?

Are my current employers allowed to disclose it?

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TalkinPeace · 13/12/2013 16:50

I'd have thought its none of their business.
Former employers would tell them to take a hike
and on what grounds are the new employers asking ?

prh47bridge · 13/12/2013 17:16

By providing your current employer as a reference you have consented to them providing the information requested by the new employer (apart from sensitive information, but your salary is not regarded as sensitive for data protection purposes). If you don't want them to disclose your salary you should tell them.

Diamondsr4ever · 13/12/2013 17:33

Talk, I really don't know why they are asking? It's not them directly, it's the prescreen check company that does this on behalf of the employers and because it's an accountancy firm I get why financial/criminal checks need to be made etc. In the section for employment details it's asking for my employers details to verify history and there is a box for last salary which is mandatory. I can't proceed with inputting something.

I have asked my current employers should they be contacted for a reference what information they disclose. I am waiting to hear back from them. I just can't see how this is relevant especially after 4 sodding interviews and them constantly telling me 'we are very keen to key get you on board'.

Wondering can I put and approximate figure or a bracket instead? Which of course then they could ask my current employers to verify.

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Diamondsr4ever · 13/12/2013 17:35

Any one else had to do this and not disclosed or current employers not disclosed? Was there any come back from it?

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TalkinPeace · 13/12/2013 17:43

prescreen check company or agency ....
see if you can enter a band
otherwise, pitch high (its what men do)

ChunkyPickle · 13/12/2013 17:44

I had to do this to rent a house, and the same company vetted DP for his new job - although I can't remember if he had to input salary or not.

It sounds like they're doing a thorough credit check on you. Perhaps ring the checking company and see if it's mandatory.

If they wanted, the new firm could make a pretty educated guess of your former salary from the tax code you're given I think, and I know that I've always disclosed my salary to potential employers during salary negotiations.

breatheslowly · 13/12/2013 17:55

I don't think that they could guess your salary from your tax code unless you were up in the area of losing your personal allowance.

Have they agreed on a starting salary for you?

Have you already disclosed your current salary?

I can only envisage this being of genuine interest to them either if you are still negotiating or if you have lied about it to them.

Diamondsr4ever · 13/12/2013 19:07

It is mandatory as they put a astride star next to it. Talk-I think its a company. It just says company.

We already discussed my current package (a little inflated I'll admit to include all bonus, car and benefits) and my expectations which were well within their offering range and in line with all similar roles within the firm.

They offered a salary which was agreed. Like I said they were constantly telling me the firm are keen to have me. So I think this is more the pre check company than them.

I'm obviously petrified now because I'm currently on a prorated salary after going back to work after maternity, which they don't know. So if my current employers disclose it will shows less earnings.

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breatheslowly · 13/12/2013 19:30

So if your employers do share your current salary with the new company and it doesn't match - do you think you could explain how you got to the figure you told them?

Will they be bothered that you didn't declare that you currently work PT?

In the end, companies won't want to employ people who lie to them. There is obviously a clear line between not offering information or elaborating on an answer and lying.

If they asked you "do you work FT for your current employer?" and you said "yes", then they would justifiably not want to employ you as you lied. If it just didn't come up in the interview then there shouldn't be an issue.

If they asked you what your current package is worth and you made up a figure from the top of your head then you would probably be in trouble. If you worked out your current salary, plus bonus and the cost of privately funding any perks that they don't offer, then it is pretty easy to support what you have told them.

Diamondsr4ever · 13/12/2013 20:09

No the FT/PT issue never arose. So don't think that is an issue but I obviously didn't give my pro rated salary based on my new contract. Just added everything together to give a fuller figure based on my FT package and nearer to my expectations.

Just reading through the company check guidelines and it says that they contact employers to verify dates/gaps. They can ask for documentation e.g. payslips to verify employment if let's say in the event of redundancy, gaps basically where they can't verify employment.In addition to criminal/CRB checks etc.

So I can't see why they need salary- what does that prove? Not earning six figures or anything like that. I know from conversations with HR they discussed my offer with the business to make sure it was inline with range and other employees. Then made an offer. Surely they could have prescreened that before making an offer if they were unsure. Why go to all these lengths now?

The only thing I can do is hope/ask my current employers don't disclose otherwise like you say I'm in big trouble.

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TheDoctrineOfSanta · 13/12/2013 20:18

In discussions, I tend to say, "on a full time basis my previous package would have been blah.."

I think it is a standard question rather than one they are cross checking with your interview answers!

I would write in your actual salary. If they come back and ask, say, "we were discussing the full, full time package that would work for me so I looked at all remuneration including car and bonus etc."

Diamondsr4ever · 13/12/2013 20:34

The thing is I don't think its the firm itself checking or trying to catch me out. It's been a long hiring process and I was the only potential candidate put forward.I just think it's the company check, like you say doctrine, just standard procedure.

My thing is the discrepancy if they slip in to confirm my salary. Would that raise eyebrows? Would anyone care at this stage to cross reference?

I don't want to skirt around and not put a figure or a bracket because that may cause suspicion in itself and maybe cause them to ask questions where they may not.

Oh this is a mess. I have come so far to finally progress my career and now look. I feel so stupid and have potentially put my family in jepody Already resigned.

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TheDoctrineOfSanta · 13/12/2013 20:39

OP, I think you're panicking, I think that you will be fine.

Could you ring up and ask if they want you to put the FTE salary in the box or your actual pay?

TheDoctrineOfSanta · 13/12/2013 20:40

And, please don't take this the wrong way, but do you think a man would be suffering this worry?

Diamondsr4ever · 13/12/2013 20:56

No I know a man wouldn't be panicking, but I just need/want this job so badly. It's my life line for the new year to help support my family and I have just blown it.

I don't want to cause any attention to the fact by ringing them. It's the weekend now anyway.I just read on their website that they do check salaries and they have many case studies where offers have been pulled etc. So this confirms they will be checking and they have given me 48 notice to complete. Which means I have no time on Monday to speak to my current HR contact.

I want to speak to my HR contact to advise her not to disclose or give general details pre maternity by this will look like Im manipulating the process.

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breatheslowly · 13/12/2013 21:07

I don't think my employer, or my previous employer, would have been willing to disclose my salary to what must effectively be a competitor (even if not in the same industry they clearly compete for staff).

I think you should be fine - if challenged, you can say you were calculating the value of your full remuneration package including X & Y benefits which you would have to buy separately at a higher rate than can be negotiated by an employer buying a group plan.

TalkinPeace · 13/12/2013 21:11

Doctrine
its a well known situation that men take ALL of the credit for their whole team and all of them state their salary as the highest in the team
hence why it perpetuates
hence why we tell women to think like men
hence why on a (jokey thread) a woman (jokily) asked for as 4k (18%) payrise - and got it

women have this silly idea of being paid what we think we are worth
rather than what we can get away with ,,

NatashaBee · 13/12/2013 21:11

This reply has been deleted

Message withdrawn at poster's request.

TheDoctrineOfSanta · 13/12/2013 21:12

They put case studies on their website of when they pulled offers?

Diamondsr4ever · 13/12/2013 21:38

Doctrine no not actual case studies but they are just explaining the situations that can arise from the pre check. I know what you mean about us women who undermine our worth.

Bee- I haven't submitted it yet. I don't know what to put. I just want to make sure what I put can match what my employers will confirm. I did inflate it a little, but not far off from my F/T total package including benefits, car and bonus.

Stupidly I was advised by a friend who works in HR to give just below what your looking for. She has been adamant they they can't check and HR won't give this out. But not so sure now.

Was thinking just to put a range and indicate total value. And just notify my HR person of that fact and just ask her not to disclose any further details. I'll explain to her that was the figure I used to negotiate pay. It's up to her whether she complies or not, I guess she not under oath to disclose details I and can't see why she would be purposely vindictive in any way. Any other suggestions?

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Diamondsr4ever · 14/12/2013 00:11

Just researching on this and employers shouldn't be disclosing your salary without consent. If a reference is required then it should be three things, to confirm your dates, title and reason for leaving, if that.

I've been given 2 working days to complete this form so that should take me to beginning of next week. I will contact my HR lady and request only the above be disclosed and not salary details.

I will explain to her that I negotiated my new salary details based on my total package pre maternity, which can be verified by them if it gets to that stage. I'll risk it and put a small range rather that nothing (or none of your beeswax).

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FloweryTaleofNewYork · 14/12/2013 07:23

By completing this form you will be giving your permission for personal data to be provided, which includes salary details. Perfectly normal to ask this type of thing in cases where pre-employment checks are fairly vigorous. It's not because they need to know the actual figure particularly, it's about checking the information you've given about yourself and making sure you are being truthful. Same as sometimes pre-employment checks involve checking you have the qualifications you say you have; that doesn't just extend to the specific qualifications you need for the role in question.

Do not ask your current employers to lie or mislead in any way. Assuming the figure you gave is a figure that genuinely comprises the FTE salary plus an accurate amount covering your car and other benefits, it should be fine because as the figure will come back different, it will be queried with you and you can explain that. Giving a FTE is no problem at all so don't be concerned about that.

If you've inflated it beyond what is reasonable for a car/whatever other benefits it was, or have implied benefits were on top of the figure you gave, that might be a problem. Also better if when talking to them you said you were on a package of £xxx rather than salary of £xxx.

Coconutty · 14/12/2013 07:31

This reply has been deleted

Message withdrawn at poster's request.

Diamondsr4ever · 14/12/2013 11:24

Thanks flowery and coco for advice.

Ok I'll just add total package salary banded. And explain its a total FTE package. I just want employers to match what I say. I was reading that this company tend to highlight discrepancy without option for explanation.

I'll see if on the form there is a space for me to explain the comparisons may be different or send them an email.

Shall I send them an explanation with the form/send an email or wait to see if they get back to me? They might not give me the opportunity if I wait and see. But if offer explanation before they may query that with employers.

Can I still ask my current employers not to reveal my salary. Do I have the right to request that?

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Diamondsr4ever · 14/12/2013 13:05

Or I just had another thought to just put my PT salary/package as it is because the form is requesting 'last salary'. That way if they compare like for like it will match (if my employers disclose). At the end of the day all they are looking for is a match of the information on the form.

If I do get queried by either credit check company or firm itself I will just explain that this new salary figure is adjusted based on recent change in contract and pay post maternity break. I used my pre F/T to apply a negotiate a full time salary.

At the time, and this is true, I didn't want to disclose that had just returned from maternity/ have young kids and I wanted my salary to match the role to be considered.

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