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Advice regarding a reference

5 replies

HarlotOTara · 24/04/2008 19:28

I work in the voluntary sector and am often asked to give references for voluntary staff. I have recently been asked to give a reference for a volunteer who hasn't fulfilled the agreement that we had. One of the questions I have been asked is would I re-employ this person. The answer is no. The volunteer wants me to give them a copy of the reference - and has quoted their rights under the Data Protection Act. Does an employee or volunteer have the right to see what is in a reference? I am feeling bullied to disclose what I have written so would be interested to know what is the legal position. I have been looking on the internet and haven't found anything that crystalises the situation for me.
The reference is a form asking various questions so will be hand written answers.
Hope someone out there might have some info.
Thanks in anticipation

OP posts:
flowerybeanbag · 24/04/2008 19:50

Harlot there is an exemption under the DPA that says you do not have to supply a copy of a reference given, so you don't have to. It's more likely that this person could force their new employer to give them a copy though, with a few provisos. It must be stuff the employee knows already, such as factual dates and performance issues that have already been raised with them. If it's a personal opinion, the new employer should ask you first before disclosing it.

But leaving all that aside for a minute, does this volunteer know you were not happy? Just a bit strange of them to ask you to provide a reference if they know that. If he/she doesn't know, why not?

Personally I would speak to the volunteer and say you are happy to fill in a reference but your legal obligation is to be honest and give a fair reflection of the person, so you will be writing xyz and the reason is abc, are they sure they still want you to give them a reference.

As a guide, references should be fair, accurate and not give a misleading overall impression of the employee.

Referees should be very cautious about giving any subjective opinion about an individual's performance, conduct or suitability, which they cannot substantiate with factual evidence.

If you think your opinion that you wouldn't employ this person again is a fair reflection on them - ie any one else would come to the same conclusion and you have good reasons for saying that, then say it.

Your other option is to tell a white lie and say your organisational policy on references is only to provide factual information, and not complete their form but issue a letter instead just confirming dates and other factual information.

I have to say my initial thought on reading your post was why has this person asked you to give a reference, why doesn't he/she already know you wouldn't employ them again and why don't you want them to know.

You have a couple of options as I've outlined anyway, hope that helps.

HarlotOTara · 24/04/2008 20:20

Flowerybeanbag,

Thanks for your reply. The volunteer does probably know what my concerns are as we had a meeting about it a few months ago. The volunteer subsequently agreed to leave after finishing the work they were engaged in. The job they are applying for has no real bearing on the voluntary work they have been doing but I am often asked for references from volunteers as the work they have done for the charity is often their only work.

I won't be giving a bad reference but I wouldn't take on the volunteer again - they have caused us a lot of problems. However, i felt very pissed off by the way I was instructed to give them a copy of the reference and then be quoted the Data Protection Act as a reason.

Hope that makes sense - I am trying to be fairly anonymous in the details I am giving as I have spent all day trying to sort out an issue with this individual and am feeling very attacked by them.

OP posts:
flowerybeanbag · 24/04/2008 20:25

Yes I did think it sounded a bit..er...arsey pushy and of the person to say that to you, you're right there, and not something you say to someone you are hoping will give you a good reference!

I think what you want to say is fine, if you are happy to put it. If you don't want to give the person a copy, then don't, you don't have to, be firm about it.

Sounds like you will be pleased to get them off your hands anyway!

HarlotOTara · 24/04/2008 20:39

I will be they have caused a lot of problems in the past year. A nasty vindictive individual.

thanks for your advice I know what to say now I know my 'rights'

OP posts:
MrsSchadenfreude · 26/04/2008 22:17

That's really helpful, Flowery. I am often asked (due to an impressive sounding job title) to provide a reference for people I barely know. Or (more often) I am approached for a reference by the company and the person hasn't even asked me if I would act as a referee first!

Have to say I usually only provide factual information unless I know the person well and can be glowing about them.

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