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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47367
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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A former colleague of mine has informed my current employer

Resolved Question:

A former colleague of mine has informed my current employer that I'm seeking other career opportunities. The same colleague may or may not have given a bad reference despite not being one of the references given on my CV
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Had this person told the truth and how did they know about this information?
Customer: replied 1 year ago.

The business with which I applied for the position with is owned by the same company which own the business I worked for 2 years ago. I don't know the full information yet but I believe that they rang my previous employer and for some reason got passed to the person on question/or the fact that I was applying was passed down to her by my manager.

The fact that I applied for the position is correct but I'm not happy that she called my current employer and informed them that I was looking for other career options. Also as I've now been turned down for the position I am curious as to what has been said and why.

Expert:  Ben Jones replied 1 year ago.
Has the current employer done anything as a result, has your current job been affected?
Customer: replied 1 year ago.

Nothing has occured so far but it hadn't been one day yet and I haven't had the opportunity to soeak to my manager yet as she was in meetings all through my shift yesterday.

Expert:  Ben Jones replied 1 year ago.
Ok thanks I will respond shortly
Expert:  Ben Jones replied 1 year ago.
Thanks for your patience. Generally, if this person told the employer the truth then there would be very little that can be done about this. It would not amount to defamation as the information is factually correct. However, it depends on who the person that provided the information was and what their position in the company was, also how they knew about it. For example, if this was an HR person or a manager who would have only known about this from formal records, such as your application form or some other written records, then they may have acted in breach of data protection regulations as they have disclosed personal data about you which they should have really kept confidential. However, if they knew about this by word of mouth and were not someone who was dealing with your application and had a duty to keep it confidential then they would not have done anything illegal by telling your employer and as what they said was true then there is not much that can be done about this. So you would only potentially be able to challenge this if you can show that it was a reach of data protection or confidentiality by someone who was involved in the recruitment process or knew about this from official means and did not keep it confidential as expected of them.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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