Asking for referneces without permission

grundie

Hello all,

What is the legality of asking for references before an offer is made?

I applied for a job, did a few interviews and after a few weeks I got messages from my last three employers telling me that the company interviewing me asked for references. The references were good and I was offered a position.

However, the company never asked me for permission to get references, nor had they made me an offer at that point. One of my previous employers requires all reference requests to be a accompanies by a note saying they have my permission to ask - they said they did.

I know its not a big issue, but I am curious. I suspect DPA issues if any.

Lux23

Well, don't put your references on your CV if you don't want them contacted? You don't have to include them.

Gael23

Lux23 wrote: »

Well, don't put your references on your CV if you don't want them contacted? You don't have to include them.

This. Put references available on request on your CV so it can't happen.

ComfortKid

Does it not look bad if you have "references available upon request" ? Would they think maybe you don't have one and will make up one if asked? I mean why would you not put it there if you can get a good reference?

grundie

I didn't put references on my CV.

The new employer just went ahead and called my previous employers without asking me for permission and before making me an offer.

As far as I can tell they didn't call my current employer, but they might have and HR is keeping quiet.

Stheno

grundie wrote: »

I didn't put references on my CV.

The new employer just went ahead and called my previous employers without asking me for permission and before making me an offer.

As far as I can tell they didn't call my current employer, but they might have and HR is keeping quiet.

Nothing illegal about it tbh, it's a bit rude but that's about the height of it

ec18

grundie wrote: »

However, the company never asked me for permission to get references, nor had they made me an offer at that point. One of my previous employers requires all reference requests to be a accompanies by a note saying they have my permission to ask - they said they did.

Maybe an issue there if they falsely claimed that had your permission?

Mrs OBumble

What they did wasn't getting references then.

It was validating that the information that you put on your CV is correct. Usually this is done by asking searching questions during an interview: if none of your examples relate to "when i as at XYZ.. " then possibly you weren't actually there.

I think employment / privacy lawyers might have an interesting time arguing about whether putting the information on your CV is implicitly giving the company permission to validate it using methods that include ringing up the other company.

But as Stethno says, it's rude. Think carefully about whether you want to work for a company which operates like this during the recruitment phase. It's likely a good indicator of their general approach (which some people will love, others will hate).

Diziet

ComfortKid wrote: »

Does it not look bad if you have "references available upon request" ? Would they think maybe you don't have one and will make up one if asked? I mean why would you not put it there if you can get a good reference?

It's pretty standard, actually. In all job offers I have had in past 10 years they have taken up references when an order was being put together. At that point, they ask. If it was on spec, I would not want my current employer to know.

grundie

I turned down the offer.

Partly because of contract issues, but also because they called my previous employers without permission. I got a bad vibe from it all.

Jim2007

grundie wrote: »

I turned down the offer.

Partly because of contract issues, but also because they called my previous employers without permission. I got a bad vibe from it all.

Good move. If they behave in this manner before you join, imagine what they might consider acceptable once you are on board.