Can I ask to see a job reference under Freedom of Information Act

[Whoopsi]

Well, as the title says really. I feel like my boss may have been less than complimentary as we’re having a bit of a disagreement about something right now. I applied for another job but didn’t get it although was perfect for it. (Of course I do realise they may have just not been keen on me.) Can I ask to see the job reference that he provided? Would they have shredded it?

It's not FOI but a SAR that you need to make however job references I think would be heavily redacted.

You're best making a call and trying to understand from context if the reference was a factor. They won't tell you much but you might get a hint.

www.gov.uk/work-reference:

"Once you start with a new employer, you can ask to see a copy of a reference. You have no right to ask your previous employer.". Also, it would be a Subject Access Request you'd be making, not a Freedom of Information Request (which doesn't apply in these circumstances).

There’s a specific exemption for references so you would not receive these.

Might be a silly question but had you actually been offered the job and it was rescinded after references?

If you were rejected at interview stage, no official references would have been taken.

Yes they definitely asked for a reference because my boss told me he’d got it. I ticked a box on the application form to say I was happy for them to get references before interview. It all happened really quickly, got invited for interview the day after I sent in application form. The interview was three days later. Whether they saw the reference before or after interview I’m not sure.

Have you received feedback from your interview? Btw, I'm in a senior position in Talent Acquisition and would never expect candidates to give references before interviews. Most people wouldn't obviously want their current employer to know, so that's a strange way to go about it as most candidates would understandably refuse.

Oh, I thought it was standard practice now. I’ve seen it elsewhere too. Feedback was that they had someone more qualified.

You are correct. Some places do this. I have also seen it happen, although it isn't something we do (public sector). But not unusual in some areas of work.

I feel like my boss may have been less than complimentary
But bear in mind that the employer only has to tell the truth - and if minded to, the truth on it's own can be damning. That doesn't mean that is what happened. You may or may not have been beaten by a better qualified candidate, someone who was a better fit for the team, or whatever. But any manager with an ounce of intelligence can, if hey want to, tell the entire truth and still damn you. My question would be, if that is what happened and you found out, would you be in a better position than not knowing anyway? If you are currently unhappy in your role and can afford to walk away, then wouldn't you have done so? On the other hand, if this is a temporary spat, can it be repaired? Or even, if you get hold of the reference because you distrust your manager right now and you are wrong, but it gets back to them - what will your next reference look like?

I'm not suggesting you don't think about it - but do so in the orund and from the other angles. You aren't entitled to see a reference any longer, but that doesn't mean you can't ask - nor does it mean you won't be given it. But do think about what it says that you are asking, and how that might be taken.

Seems a little weird that references can remain confidential. What if someone straight up lied about you in a negative manner?

If you believe someone lied and both the giver and the receiver refuse to disclose the reference, you could start legal action on the basis that you believe the reference was factually incorrect. The reference would then have to be disclosed.

But would the interviewing company have kept it anyway I wonder?

Genuine question - how would you prove that the disclosed reference was the one actually given, and what legal case could be brought when you have no actual evidence of something?

In any legal proceedings you have to rely on the other party to correctly disclose documents. You could show the disclosed reference to the other employer and ask them to confirm if this was the reference they actually received, but there is no guarantee. However, if you lose a job offer after the new employer takes up references and the reference giver discloses a glowing reference, you can argue that this is clearly not the actual reference that was given.

There are a number of possible legal actions you could take depending on the content of the reference. These include discrimination, victimisation, negligence, malicious falsehood and libel.