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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48167
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I recently applied for and was offered a job but the offer

Resolved Question:

I recently applied for and was offered a job but the offer was withdrawn as my references confirmed I had no management experience. I have no problem with that as I had never tried to conceal my lack of experience however the potential employer then let my existing referees know the offer had been withdrawn without asking or telling me. As a result I now feel embarrassed at work - should the potential employer have done this without asking my permission.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

Whilst I understand that this could be embarrassed at work, what the employer has done is not really illegal. This is not personal information of a nature that would go to be protected by the Data Protection Act and even if it was you can only take action if you have suffered financial losses as a result - you cannot claim for any embarrassment caused by their actions. So whilst morally it could appear to be on the questionable side, it is not unlawful.

Customer:

Thanks for this Ben

Ben Jones :

you are welcome

Customer:

I realised it was not likely to be a DP issue but I thought issues of confidentiality might apply.

Ben Jones :

well confidentiality is governed by the DPA

Ben Jones :

But again you cannot just take action for breach of confidentiality - you must have suffered losses as a result first

Customer:

Thanks - no big payout then!!

Ben Jones :

no, certainly not in this case I'm afraid

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer:

I think you have answered my question - I suppose it is a matter of proving loss which almost certainly means financial not social.

Ben Jones :

yes you are correct, that is all the courts would consider

Ben Jones :

Hope this clarifies things for you...

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