can i see references

[Katiestar]

I suspect an ex employer might be giving me unfavourable references.Is there any way I can check this. Do I have a right to see my reference and does my ex employer have a duty to tell me to whom they have provided references.
I would be very grateful if anyone has any knowledge about this .
Thanks

As far as I know (but there will be more knowledgeable ladies out there I'm sure) he's not allowed to give you a bad reference - I'm sure I've that somewhere.

or even heard that somewhere

Yes you're not allowed to give a bad reference but you can get round that by saying the person worked here for this duration - signed ....

I don't see why you can't ask - maybe get a friend to ask your employer for a reference and see what it says etc.

I think they are really only allowed to confirm that you worked there and what your position was.

If you have missed out on recent job applications, can you phone them and ask what you can do to improve on the next interview for example, and ask if your references had been satisfactory?

Under the data protection act aren't you allowed to request copies of all information held on you? So wouldn't this fall into that category?

It's a myth that ex employers can't give bad references. They can - but only if everything they say is 100% true and they are prepared to back it up if challenged (and you can challenge them if you can prove they are lying/ exaggerating). I think there was a case where an ex employer was taken to court and sued for providing a negative reference which was found to be untrue and they had to pay loss of earnings etc. Because of this, lots of companies avoid giving bad references because they don't want to face challenges (and usually saying 'X worked here from y to z' is a good indicator that you don't have much good to say).

ANd as I understand it, you have to be given access to any reference upon request.

Of course an employer can give a bad reference - but only if its true - otherwise whats the point of a reference? I don't think references fall into underthe data protection act as they are written in confidence, but I could well be wrong

The last two posts are correct - people are entitled to give a bad reference if it is totally factual and fair - in fact if they lie about an employee who underperformed, and give positive statements which they know to be untrue, they can be sued by any employer who relies in such a statement. This is why so many companies just provide the very barest details and do not give any opinions at all on a reference.

In some jobs employers though have to giv a full reference. Childcare is one of them. That is because the reference is one of the key tools and without it, a person seeking a job is unfairly disadvantaged against other candidates.

There is a duty of care owed also to you that the reference is not defamatory or untrue. In practice this means that if they are saying bad things about you then these things should always be things about which they have already discussed their concerns with you during the course of employment. Therefore if you always turned up late and so did lots of other people and you thought no-one minded then they may be in hot water if they mentioned it. But if they had already pulled you up about it and told you not to be late then you would have no complaint if they mentioned it in a reference.

So, if you have ever been disciplined about anything or had poor appraisals, you can assume that these may well be in the reference and you won't be able to do much about it

You have a right to see a reference under the Data Protection Act (you need to make a request stating that you understadn that you have a right to see this reference) but that doesn't mean that you will see it - if it is a defamatory statement then chances are they will refuse to give you a copy and you will have to get lawyers involved and may end up in court.

If you feel that something is really amiss I would try to secure a role 'subject to references' and then see if the job offer was removed due to the reference and if so ask the employing company if they can explain what was wrong on the reference to get an idea - they may not tell you but you will probably get a much better feeling as to whether your instincts were right. If they were then you need to get a lawyer to right to demand to see the ref under a Data Protections Access Order (I think that's the term)

I give a lot of references as I manage quite a large department. It is unusual these days to get anything other than a form to fill in. They ask for details on how many sick days staff have had, reason for leaving and have boxes to fill in about strengths and weaknesses - and how you think someone will measure up to the job description for the new post. If the recruiters are anything like my recruitment team a poor sickness record and a lack of positve comments is enough to stop you getting a job - you don't need negative comments to appear less than impressive. One thing that really puts employers in my sector off is job hopping - and very professional looking CVs for junior posts that are obviously not of the applilcants creation.

Thanks
My DH is having to take my ex-employers tpo court over something which is completely unrelated to me , but has caused a lot of bad feeling.
Who would I as to see a copy of references.My ex employer or a prospective employer ?

Ask both, bear in mind that a prospective employer definately won't give you a copy but might give you some hints.

The ex-employer is I think the only one you are able to demand shows you a copy.