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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48202
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Just need to no if my employer can state in my reference the

Resolved Question:

Just need to no if my employer can state in my reference the reasons for any absence ie was sick due to dental treatment etc ..is this a breach of confidentiality to disclose your personal history? Can they only put had been absent due to sickness x amount of times in 12 months 2 years .
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello are you concerned about the inclusion of the reasons, would it make a difference?
Customer: replied 1 year ago.
Yes as I am off sick with stress some of wich is work related wich is why I need to leave .also have had dental pain I don't think that this has helped with my stress levels I have been given better medication for the pain now .I have gone sick and handed in my notice worried will get a poor reference. Should I go back and work out my notice period and leave on good terms or can I ask my employer to let me go saving them sick pay and ask for a preferable reference
Expert:  Ben Jones replied 1 year ago.
Ok thanks I will reply this morning just due in a couple of meetings first
Customer: replied 1 year ago.
Ok thank you
Expert:  Ben Jones replied 1 year ago.
Thanks for your patience. The provision of a reference will generally involve the processing of personal data and therefore be subject to the Data Protection Act 1998. It is important to consider these rules when providing information about an employee's sick record or reasons for periods of absence. Employers can only disclose such information if one of the conditions set out in Schedule 3 of the DPA is satisfied: http://www.legislation.gov.uk/ukpga/1998/29/schedule/3 The most common one is where they have obtained the employee's explicit consent. The others are unlikely to be relevant so if you have not given your concent to the sharing of such information, the employer should not include it in a reference. However, providing just a summary of absence, such as the number of days absence without going into details, will not breach data protection regulations. On the other hand if they want to provide information regarding the reasons for the employee's absence they should your consent first, for example showing you a draft response and ask for your approval before disclosing it. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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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