Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Latest NewsRecruitment & retentionReferences

‘Confidential’ stamp ruled meaningless

by Personnel Today 18 Jan 2006
by Personnel Today 18 Jan 2006

Stamping ‘confidential’ on a reference offers employers no protection under the Data Protection Act, the Information Commissioner has confirmed.

The new guidance is not binding but reflects best practice and makes it clear that references received from third parties are “subject to the normal subject access rules”.

This means that, when asked, an employer will be obliged to disclose a reference to a job candidate or recruit, even if the reference is marked as ‘confidential’. Only providers of references benefit from the exemption, meaning they do not need to disclose details.

If employers are unsure about whether to disclose details, they should consider any assurances of confidentiality given to the referee, possible reasons behind the objection, the effect on the employee and any risk to the referee. If a reference can be made anonymous, this should also be considered.

Chris Garret, employment lawyer at law firm Allen & Overy, said: “As the guidance concludes that in most cases, employers receiving references should be able to disclose them, references should only be withheld where a compelling reason exists.”



Avatar
Personnel Today

previous post
Protocol fixation ensures HR is seen as ‘irritating’
next post
Doctors’ union outraged by government interventions in pay negotiations

You may also like

Kristie Higgs succeeds in bid to remove LGBT...

5 Jul 2022

‘Low flight risk’ designer wins £100k age discrimination...

5 Jul 2022

Rail signaller discriminated against by staff who watched...

5 Jul 2022

The ultimate guide to payroll for small businesses

5 Jul 2022

More government support to help over 50s back...

5 Jul 2022

NHS to end full pay for Covid-19 sick...

4 Jul 2022

Government childcare plans aim to reduce cost of...

4 Jul 2022

Whistleblowing lawyer awarded £423k by Foreign Office

4 Jul 2022

Diversity and inclusion: where does the buck stop?

4 Jul 2022

Quarter of workers feel unsupported after bereavement

1 Jul 2022
  • The ultimate guide to payroll for small businesses PROMOTED | You’ve started a business that has expanded to the point of requiring more staff to meet demand. Congratulations!...Read more
  • NSPCC revamps its learning strategy with child wellbeing at its heart PROMOTED | The NSPCC’s mission is to prevent abuse and neglect...Read more
  • Diversity versus inclusion: Why the difference matters PROMOTED | It’s possible for an environment to be diverse, but not inclusive...Read more
  • Five steps for organisations across the globe to become more skills-driven PROMOTED | The shift in the world of work has been felt across the globe...Read more
  • The future of workforce development PROMOTED | Northumbria University and partners share insight...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+