Is an employer obliged to provide a reference for an employee and does an employer have to obtain employee consent before doing so under the GDPR or Data Protection Act 2018?
Posted in : First Tuesday Q&A NI on 7 August 2018
Chris Fullerton
Arthur Cox
Firstly, there is no legal obligation for an employer to provide a reference. However, there may be a contractual obligation if provision of a reference is stated in terms of employment or a contractual staff handbook.
The GDPR and Data Protection Act 2018 (“DPA 2018”) require a lawful basis for processing personal data. This is particularly pertinent to references as they may also contain “special category" personal data e.g. sickness absence details.
Consent is one of the lawful bases that can be relied upon for processing personal data. However, ICO guidance suggests that consent is not the most appropriate basis in the context of an employment relationship due to the imbalance of
Already a subscriber?
Click here to login and access the full article.
Log in now to read the full articleDon't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
More from the First Tuesday Q&A
-
If employees have been working from home during the coronavirus (COVID-19) pandemic, can they argue that, through custom and practice, it has become a term of their contract of employment that they are entitled to work from home on a permanent basis?
Posted in: First Tuesday Q&A NI on 05 October 2021
-
Is a non-executive director eligible for statutory sick pay?
Posted in: First Tuesday Q&A NI on 05 October 2021
-
If an employment contract is only provided to an employee a few months after employment started, what issues does this give rise to?
Posted in: First Tuesday Q&A NI on 05 October 2021
-
Do employment tribunals have jurisdiction to hear money claims made by a former employee for underpaid employer pension contributions?
Posted in: First Tuesday Q&A NI on 05 October 2021
-
Can an employer refuse a request from an unsuccessful job applicant to delete any of their data in its possession as it may be necessary for the defence of legal claims?
Posted in: First Tuesday Q&A NI on 07 September 2021
Disclaimer:
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.
Chris Fullerton
Arthur Cox
The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com
View all articles by Chris Fullerton