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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49834
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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12/10/2016 08:57 Mr, I will need some advice again. As per

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12/10/2016 08:57
Good evening Mr Jones,I will need some advice again.As per your previous advice I have emailed the MD asking for a reference rectification.
She has answered saying she felt sorry that my reference has been misconstructed as she felt pretty positive about me. That she has simply answered that she "had let me go" when asked if I have left on my own accord or if that was her decision.
I did forward this conversation to the recruitment team that has taken the reference, hoping it would clear the situation.The MD still hasn't provide any rectification as asked.Moreover, it seems now that the MD has put my reference in writing saying I have been dismissed as I was endangering clients!
I now received an email from the recruitment team saying that they will not be able to proceed with my application due to my reference unless the reason of my employment termination were fully disclosed.
They also recommend that I undertake a subject access request in order to obtain my personal records to provide full details of the termination and circumstances leading to this. ( I honestly am not sure what is the procedure to obtain this).This is just a very nasty action coming from a evil person for not real reason.Please advice as soon as possible. I am now in a situation in which I struggle to support myself and pay my rent as because of this person I am not able to get a job anytime soon.Kind regards,Lucia Motta

Hi, you cannot force the MD to write back and clarify the reasons but if the original reference remains untrue and factually incorrect then you can still hold her liable for negligence and consider pursuing the company for damages for losses.

As to making a subject access request, Section 7 of the Data Protection Act 1998 entitles an individual to request from a data controller a copy of any information which amounts to personal data about them. The process is known as a Subject Access Request (SAR).

If you wish to make a SAR, you need to write to the organisation that holds the data in question. Your letter should include the following information:

{C}· {C}Make it clear that you are making a 'subject access request in accordance with the Data Protection Act 1998';

{C}· {C}Provide details of the data you are requesting copies of;

The organisation may ask for a fee to fulfil your request, which should not be more than £10. Once you have provided all the relevant information and fee, the organisation must send you a formal response within 40 days.

Particular care must be taken by the data controller not to disclose any non-relevant personal data (i.e. data that belongs to another individual) or other confidential information. Therefore, when responding to your request, they may remove data or be selective in what they supply, so long as this is justifiable.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

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