Employer forwarding employees CV to agencys and other companies to get rid of employe

lifeandtimes

Hi,

I was following a thread regarding an employer looking to sack an employee and a post was made by a member of boards that he forwards employees CVs to agencys and other companies in the hopes they contact said employee with a job offer and they leave.

Off the top of my head I'm sure this must he a breach of data protection but what does everyone else think from a legal stand point?

Would this count as bullying or harassment or What?

I can't see how this practice can be legal and if an employee was to find out their employer this what recourse would they have?

GerardKeating

lifeandtimes wrote: »

Hi,

I was following a thread regarding an employer looking to sack an employee and a post was made by a member of boards that he forwards employees CVs to agencys and other companies in the hopes they contact said employee with a job offer and they leave.

Off the top of my head I'm sure this must he a breach of data protection but what does everyone else think from a legal stand point?

Would this count as bullying or harassment or What?

I can't see how this practice can be legal and if an employee was to find out their employer this what recourse would they have?

I would imagine it could go a long way towards proving a constructive dismal case if the employer left over it.

lifeandtimes

GerardKeating wrote: »

I would imagine it could go a long way towards proving a constructive dismal case if the employer left over it.

Certainly what I thought.

The way the poster also said

"We'll I'm sure the OP is smart enough to craft a resume that won't lead back to him/her. The employee is usually too flattered and intrigued to even think that their current employer is the progenitor of the interest from a third party and as for proving the source of the info well good luck with that. Almost everybody I know has forwarded their cv to an agency at some point"

Really doesn't sit right with me and seems sinister if anything. If there is an employee who isn't doing their job then by all means follow the correct procedures in having them leave but this sounds like if an employee isn't liked they can orchestrate a underhanded plan to get them to leave by being offered another job that they never applied for.

And I'm my opinion if they have to cover their tracks lile that then it opens up the employer for a whole load of legal issues

Mrs OBumble

There is no way the employee would ever find out.

Employees get calls from agencies all the time. Agencies get names from all over the place. Some agencies even just speculatively ring up companies that they think might have employees with useful skills, just on the off-chance that they'll get someone who can be pimped.

However the agency got the name, they would start the contact with the employee by asking for an up to date CV from them, even though the current-employer has already forwarded a (by now out-of-date) copy of it.

Yes, it is a data-protection breach.

But it's not bullying, and it's not creepy either.

And really, it may be the kindest way to get a bad fit to leave with the least stress to all concerned. If it works, I'd even say that the only losers are lawyers.

lifeandtimes

Mrs OBumble wrote: »

There is no way the employee would ever find out.

Employees get calls from agencies all the time. Agencies get names from all over the place. Some agencies even just speculatively ring up companies that they think might have employees with useful skills, just on the off-chance that they'll get someone who can be pimped.

However the agency got the name, they would start the contact with the employee by asking for an up to date CV from them, even though the current-employer has already forwarded a (by now out-of-date) copy of it.

Yes, it is a data-protection breach.

But it's not bullying, and it's not creepy either.

And really, it may be the kindest way to get a bad fit to leave with the least stress to all concerned. If it works, I'd even say that the only losers are lawyers.

I certainly do not get calls from agencies,if I ever applied for a job it was directly with the company. If an agency ever rang me I'd be very suspicious as to how the came about that information. Also a data breach is still a data breach and employer has a duty of care regarding that information and then an employees trust in a employer is gone.

It's wrong no matter what way you say it,the employee is a loser as they are being pushed from a job they got fair and square

Victor

Mrs OBumble wrote: »

But it's not bullying, and it's not creepy either.

I'm not sure I'd agree.

jamesthepeach

Company I worked for had a great bunch of lads on my team. Every time they got hold of someone's CV they would embellish it a little and then send it off to all of the agencies (this was one of the tamer practice jokes they did).
Then laughs would ensue when someone got a call. I was told that a couple even left for new jobs out of it, though never saw that myself.
It was mighty craic though to be fair.

lifeandtimes

jamesthepeach wrote: »

Company I worked for had a great bunch of lads on my team. Every time they got hold of someone's CV they would embellish it a little and then send it off to all of the agencies (this was one of the tamer practice jokes they did).
Then laughs would ensue when someone got a call. I was told that a couple even left for new jobs out of it, though never saw that myself.
It was mighty craic though to be fair.

This sounds like a bunch of lads and involved bravado which also sounds like the people involved were aware or were at least aware when it happened,however a data breach is still involved

What I was referring to is an employer who no longer wants an employee uses this tactic to get rid of this person. It is strange,sinister and cleaely a breach of data but I was asking what grounds if any the employee would have to take action against this employer bar the data breach?

whiskeygirl

Mrs OBumble wrote: »

There is no way the employee would ever find out.

Employees get calls from agencies all the time. Agencies get names from all over the place. Some agencies even just speculatively ring up companies that they think might have employees with useful skills, just on the off-chance that they'll get someone who can be pimped.

However the agency got the name, they would start the contact with the employee by asking for an up to date CV from them, even though the current-employer has already forwarded a (by now out-of-date) copy of it.

Yes, it is a data-protection breach.

But it's not bullying, and it's not creepy either.

And really, it may be the kindest way to get a bad fit to leave with the least stress to all concerned. If it works, I'd even say that the only losers are lawyers.

Disagree with both of those, and with your general casual attitude to personal data being handed out by an employer without employees consent.

Victor

lifeandtimes wrote: »

I was asking what grounds if any the employee would have to take action against this employer bar the data breach?

Breach of privacy.

Possibly breach of contract.

If employee pregnant or in another protected group and discriminated against, then there is a whole bunch of employment protection acts.

Skatedude

lifeandtimes wrote: »

I certainly do not get calls from agencies,if I ever applied for a job it was directly with the company. If an agency ever rang me I'd be very suspicious as to how the came about that information. Also a data breach is still a data breach and employer has a duty of care regarding that information and then an employees trust in a employer is gone.

It's wrong no matter what way you say it,the employee is a loser as they are being pushed from a job they got fair and square

Almost every job as a maintenance tech has been through a employment agency. IBM, HP, Intel, Dell, Applied Magnetics to name a few A lot of companies don't advertise directly and will always use an agency.
I have done interviews in the past and never found out who the actual employer was.

lifeandtimes

Skatedude wrote: »

Almost every job as a maintenance tech has been through a employment agency. IBM, HP, Intel, Dell, Applied Magnetics to name a few A lot of companies don't advertise directly and will always use an agency.
I have done interviews in the past and never found out who the actual employer was.

My point is still valid and to plus devil's advocate I'm sure if you have a job done through an agency they won't be contacting you 12 months later to see if you want a new job after you already have one

jamesthepeach

lifeandtimes wrote: »

My point is still valid and to plus devil's advocate I'm sure if you have a job done through an agency they won't be contacting you 12 months later to see if you want a new job after you already have one

Oh how wrong you are. As.soon as their commission is locked agent will be right back on to you like dog**** to a show on a French footpath.

Any other agencies you contacted will be into you as well.

This can get really annoying but is just the way of the world.

bee06

lifeandtimes wrote: »

My point is still valid and to plus devil's advocate I'm sure if you have a job done through an agency they won't be contacting you 12 months later to see if you want a new job after you already have one

I'm still being contacted over 2 years after submitting a CV with an agency. They ring me every 6 months to see if I'm interested in moving jobs.

Mrs OBumble

lifeandtimes wrote: »

I certainly do not get calls from agencies,if I ever applied for a job it was directly with the company. If an agency ever rang me I'd be very suspicious as to how the came about that information. Also a data breach is still a data breach and employer has a duty of care regarding that information and then an employees trust in a employer is gone.

It's wrong no matter what way you say it,the employee is a loser as they are being pushed from a job they got fair and square

The employee is not a loser.

Instead of pushing them from the job, the employer is trying to assist them to get another job fair and square, without having to address the issues of poor performance or bad company fit that are obviously at play.

Like I said, I absolutely agree that it's a data breach. But you will NEVER prove that it happened, because the agency will never tell you how they got your name, or that they already have your CV.

If agencies never contact you, then either you work in a very unusual industry, or you have an "interesting" reputation in that industry.

Victor

Mrs OBumble wrote: »

Like I said, I absolutely agree that it's a data breach. But you will NEVER prove that it happened, because the agency will never tell you how they got your name, or that they already have your CV.

Until someone does a data protection query on the agency.