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Any request for a copy of your reference should be directed at the recipient of the reference, not the writer. This is because data protection law contains a special exemption for the writer of a confidential work reference (although a reasonable employer may volunteer a copy, especially if it is largely factual).
Typically, employers are allowed to share general information regarding your tenure with their companiesthings like your dates of employment, job title, and responsibilities, all which serve to confirm your employment and validate the things you likely provided on your resume for potential employers.
There is no legal obligation to provide a reference except in a few sectors, such as financial services, but any reference that is provided must be true, accurate and fair. Your employer owes a duty both to you and any prospective employer.
To request a copy of your reference, you will need to make a subject access request in writing to your new employer. They will then consider if any exemptions apply and if they can release the information to you.
In any case, if you ask for a reference and your boss says no, consider that they did you a favor. Regardless of why your manager won't give you a reference, the important move for your career is to find substitute references, so that you can prove to a prospective employer that you're someone people will vouch for.
Employers armed with this authorization can provide the following information:Date and duration of employment;Pay rate and wage history;Job description and duties;The most recent written performance evaluation;Attendance information;Result of drug or alcohol tests administered within one year prior to the request;More items...?
Yes, an employer can refuse to give you a reference. Employers are not obliged to give their current and former employees.
There is no legal obligation on an employer to provide a reference, but if they do, it must be fair and accurate.
Unless your business is regulated by the Financial Services Authority, generally there is no legal obligation on an employer to provide a reference for an employee or ex-employee and you are entitled to refuse to provide one.