job references
Question:
am I entitled to see my reference from the headteacher as I am concerned with
what has been written about me? The legislation that
relates to whether you can see your reference is covered by the Data Protection
Act 1998. Under the DPA you are allowed access to information held on you
by an organisation and they have 40 days to provide that information or from the
date that you provide the appropriate fee (to a maximum of 40.00). However, employment
references are excluded from this right under section 7 as usually a reference
will be sent in confidence. References given by third parties and held in a file
by the current employer are not excluded. You are entitled to see any existing
references held on file. Is an employee entitled to a reference?
You do not have a statutory right to a reference. But clearly
the consequences of not having a reference can be grave for an employee. Referees
must give a true, accurate and fair reference
The obligation
of the headteacher is to give a true, accurate and fair reference. The reference
must not give a misleading impression. References are protected by what is known
as 'qualified privilege', which means that the information between the two parties
is not subject to legal scrutiny. That is, if the information
proves to be inaccurate, provided that the employer believes it to be correct
and gives it without malice, then it will not be grounds for libel action. However,
if the headteacher gives information that he knows to be untrue then he is not
protected by 'qualified privilege.' Options
- Approach the headteacher yourself and ask if you may have a look at
the reference.
- If this is not possible then this is a clear
area for negotiation by the unions. Contact your union rep.
- If
matters are not resolved and you continue to be concerned, contact an employment
solicitor.
To find a local solicitor who deals with this
area of law contact your local Law Society to
obtain details. The Law Society's website has
a directory of solicitors online. Their address
is www.lawsociety.co.uk
Why not get in touch? If you've got a problem or a query,
email us on philip@schoolzone.co.uk,
and we'll do our best to help | 
