Demystifying data protection around references


6th November 2019

The law around references is complex, particularly after the implementation of the GDPR. Employment Law Associate Holly Cudbill discusses what employers need to know in an article that first appeared in People Management.

An employer is not generally obliged to provide a reference, with the exception of certain sectors, and many simply offer a basic factual reference. However, an employer can choose to provide a full reference, as long as it is fair, accurate and true and does not paint a misleading picture. A consistent approach must be adopted for all staff to avoid potential discrimination.

What data protection considerations does an employer need to take into account before giving or receiving references, and can references be disclosed under a data subject access request? Holly Cudbill demystifies the complexities for employers.

You can read the full article in People Management here.

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