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Under the Data Protection Act 1998 (DPA), your employer must make sure your personal data or information is 'processed' in a fair and lawful way. Processing includes obtaining, recording, storing, sharing, deleting and otherwise using information.
An employment reference letter is a document that expresses the employee's work ethic, abilities and achievements during their time with a company. This type of letter is commonly written by a manager or supervisor, human resources employee or a mentor of the employee requesting the letter.
The purpose of this form is to notify you that a Consumer Report and/or an Investigative Consumer Report will be conducted on you in the course of consideration for employment or promotion.
Organisations don't always need your consent to use your personal data. They can use it without consent if they have a valid reason.
A reference is considered a communication protected by qualified privilege and the person giving the reference cannot be sued for slander or defamation, provided the comments are the referee's honestly held opinion.
The GDPR states that consent must be 'freely given, specific, informed and unambiguous'. This means that the data subject must be aware that they are consenting to have their data processed and should not be forced into giving consent.
Reference checks are a way for prospective employers to find out more information about a job candidate from people who know them and have worked with them. To conduct a reference check, an employer may use a form with standard questions. This allows them to ensure they collect the same information from each candidate.
An Authorization to Release Employee Information Form is a document that should be completed by an employee to allow their former employer to release their employment information to prospective employers.
GRANTING PERMISSION TO CONTACT REFERENCES In order to obtain meaningful reference information from some employers it is useful to have a release which assures the former employer/reference that you will not pursue litigation against them based on their reference information.
Providing a Reference Many employers will release only basic information when contacted for a reference to protect themselves from lawsuits. They usually confirm employment dates and job responsibilities, salary history, and might include information about whether you were dismissed or chose to leave on your own.