When carrying out reference checks, would you only seek a reference from the person named on the job applicant’s CV or can you accept a reference from another person within the same organisation without the applicant's knowledge?

Posted in : First Tuesday Q&A ROI on 5 September 2017
Ciaran Ahern
A&L Goodbody

Employers should not seek a reference from any person, without first receiving the consent of the prospective employee.  Obtaining references involves the processing of applicants' personal data for the purposes of Data Protection Acts 1988 – 2003.  The Data Protection Commissioner has stated that the key to complying with this legislation is for employers to maintain transparency when undertaking background checks on employees.  Employees must be informed as soon as possible as regards checks that may be performed.  Previous employers should not disclose references to

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Back to Q&A's This article is correct at 05/09/2017
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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Ciaran Ahern
A&L Goodbody

The main content of this article was provided by Ciaran Ahern. Contact telephone number is +353 1 649 2933 or email cahern@algoodbody.com

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