By Rehana Hussain of Charles Gregory Solicitors Limited posted in Employment on Friday, August 5, 2016.
In Spring v. Guardian Assurance [1994] ICR 596, the House of Lord confirmed that an employer or a former employer owes a duty of care to the subject of a reference and that the employee concerned can sue his former employer if the employer fails to use reasonable care in preparing the reference. If you were offered a job 'subject to receipt of satisfactory references' and the offer was subsequently withdrawn, there is a strong possibility that you were given a bad reference by your former employer. You could ask the recipient of the reference for a copy of the reference however, they may refuse to do so if for example they do not have your ex-employer's consent or it is not reasonable in all the circumstances for them to give it to you. If the recipient of the reference is not willing to give you a copy of the reference you can make a subject access request to the recipient of the reference under the Data Protection Act. The letter to the organisation should contain your details and identify the information you want and ask them if you need to pay a fee. Many of the organisations charge a fee of about £10 for disclosing the information. The organisation has 40 calendar days to respond to you. If you haven't heard from the organisation send them a reminder. If you still haven't heard back you can report your concerns to the Information Commissioner's Office on their website or call their helpline on 0303 123 1113.
Click here for more details..
Contact Details..
Charles Gregory Solicitors
2 Hammersmith Broadway
London, Greater London, W6 7AL
Phone no: 2033933219
Mail id: info@charlesgregory.co.uk
Web: http://www.cgslaw.co.uk/
In Spring v. Guardian Assurance [1994] ICR 596, the House of Lord confirmed that an employer or a former employer owes a duty of care to the subject of a reference and that the employee concerned can sue his former employer if the employer fails to use reasonable care in preparing the reference. If you were offered a job 'subject to receipt of satisfactory references' and the offer was subsequently withdrawn, there is a strong possibility that you were given a bad reference by your former employer. You could ask the recipient of the reference for a copy of the reference however, they may refuse to do so if for example they do not have your ex-employer's consent or it is not reasonable in all the circumstances for them to give it to you. If the recipient of the reference is not willing to give you a copy of the reference you can make a subject access request to the recipient of the reference under the Data Protection Act. The letter to the organisation should contain your details and identify the information you want and ask them if you need to pay a fee. Many of the organisations charge a fee of about £10 for disclosing the information. The organisation has 40 calendar days to respond to you. If you haven't heard from the organisation send them a reminder. If you still haven't heard back you can report your concerns to the Information Commissioner's Office on their website or call their helpline on 0303 123 1113.
Click here for more details..
Contact Details..
Charles Gregory Solicitors
2 Hammersmith Broadway
London, Greater London, W6 7AL
Phone no: 2033933219
Mail id: info@charlesgregory.co.uk
Web: http://www.cgslaw.co.uk/
