Are agents allowed to send your entire CV to your references??

[MaryPoppins]

For my next contract, due to start next week after a princely-one-day-chosen-benchtime-to-doss, the agency's paperwork mentioned 2 referees on - I simply put the details of my Accountants in one and left the other blank, agent was happy with paperwork

+1

I only ever give the names of previous agencies, if a reference is required once I've had a role offered. I'd never, ever give a clientco contact.

[northernladuk]

That's not entirely accurate. That's usually just something invented by the agencies to con people into opting out. Also, being pedantic, you're not opting in.

Here's the relevant bit from the regulations:



On point B, that's solved in two stages: 1. By submitting my CV and giving an implied warranty to the agency that they're accurate and 2. by interview with the end client. I never opt out and genuinely cannot remember any legitimate agency asking for references before submission to a client. If an agency got pedantic about it before submission to the end client then I'd just decline to apply, none have so far.

As clarification though, I understand that there are certain secure industries where the agency must get prior references, that's perfectly fine but they're not where I work.

Hmm, interesting. I thought the further obligations imposed were actually in section 20.

egulation 20(2) provides that if an employment business receives or obtains information which gives it reasonable grounds (i.e. a realistic degree of certainty) to believe that a work-seeker is unsuitable for the position s/he has been supplied to a hirer for, it must inform the hirer of the information it has and end the supply of that temporary work-seeker without delay . So, for example, if a temporary teacher is supplied into a school and during the course of that supply the employment business receives information about that teacher, through a reference or other reliable report, which shows s/he is not suitable to work with children, the employment business must tell the hirer and remove the teacher from the assignment without delay. (Note: “without delay” is defined as “the same day, or where that is not reasonably practicable, on the next business day” (Regulation 20(7))

Regulation 20(3) provides that if an employment business receives or obtains information which indicates or suggests that the work-seeker may be unsuitable for the position it has supplied him/her to carry out, but the information does not give sufficient certainty to enable the employment business to rely on it without further investigation, it must immediately

I read an article that lead me to believe they had a responsibility to make sure they meet (2) and (3) and normal means of this included references. I can't find the article but the text above is from.

http://www.bis.gov.uk/files/file24248.pdf

[northernladuk]

When I've explicity opted-in my references haven't always be checked up on by the agency. If it is required most of the time the client does it themselves likewise with verifying ID.

Agencies not carrying out proper (and arguably legal) diligence. There is a novel concept.

[kevpuk]

Agencies not carrying out proper (and arguably legal) diligence. There is a novel concept.

Completely unheard of, unfathomable

[petergriffin]

Didn't we already establish on the other mammoth thread that:

Where
1) professional qualifications are required or where
2) applicants are to work with vulnerable persons or children,
You should obtain copies of the relevant qualifications or authorisation, obtain at least two references from people who are not relatives of the applicant and undertake a criminal records bureau check of the applicant.

?

So in other words if the contract doesn't require a CRB, there's no legal requirement to obtain the two references and even so, the law doesn't state they are required in advance.

[Peter Loew]

Royal Agent F** Up

As I suspected, this one company provided a negative reference for me, and when I asked the agent over the phone he verbally told me things I did not agree with and I believe this company has misrepresented me when providing a reference. They could have easily not provided one instead of providing a negative one. I was only there for a mere 3 months and every single other reference from my nearly 10 years of contracting history is excellent. Though it shouldn't affect if I get the job or not (remains to be seen though), I am very angry at both this company and this agent. The agent has also gotten his criteria wrong in asking me for refs and the client co has had to come back saying they need more info.

I have asked this agent to fwd me on what information was given to him by the said company but he is refusing to do so!

Surely I am entitled to know what info he is holding on me?!

P

[SueEllen]

As I suspected, this one company provided a negative reference for me, and when I asked the agent over the phone he verbally told me things I did not agree with and I believe this company has misrepresented me when providing a reference. They could have easily not provided one instead of providing a negative one. I was only there for a mere 3 months and every single other reference from my nearly 10 years of contracting history is excellent. Though it shouldn't affect if I get the job or not (remains to be seen though), I am very angry at both this company and this agent. The agent has also gotten his criteria wrong in asking me for refs and the client co has had to come back saying they need more info.

I have asked this agent to fwd me on what information was given to him by the said company but he is refusing to do so!

Surely I am entitled to know what info he is holding on me?!

P

You need to do it formally in writing and you need to ensure they get your request i.e. as it's a business use recorded or registered delivery - read this.

Once you get the reference get a solicitor to write a letter to the company threatening both the individuals who wrote the reference, and the company separately with legal action. That should at least get them to change how they write references.

Years ago I was told how to write negative references without stating anything negative. You simply miss things out.

[SueEllen]

Hmm, interesting. I thought the further obligations imposed were actually in section 20.

I read an article that lead me to believe they had a responsibility to make sure they meet (2) and (3) and normal means of this included references. I can't find the article but the text above is from.

To be fair I know with permanent employers they often don't check references until either:
1. You have finished your probation period, OR,
2. They need to make redundancies and sacking people is cheaper than paying out for redundancy.

So I don't expect agencies to do any better unless they are required to due to the industry their client operates in.

[Peter Loew]

You need to do it formally in writing and you need to ensure they get your request i.e. as it's a business use recorded or registered delivery - read this.

Once you get the reference get a solicitor to write a letter to the company threatening both the individuals who wrote the reference, and the company separately with legal action. That should at least get them to change how they write references.

Years ago I was told how to write negative references without stating anything negative. You simply miss things out.

Thanks, I will send the agency a letter of recorded delivery requesting a copy of the reference.

With regards to legal matters, what kind of statements should be in the letter? I will seek legal advice in any case and do everything through a solicitor if it turns out that any information in the reference is false or misleading - if it seems worth it.

On a side note, I have also seen that a couple of individuals I worked with have masked that company off their LinkedIn profiles saying they were simply 'freelancing' during that period. Can't be a coincidence.

[malvolio]

Thanks, I will send the agency a letter of recorded delivery requesting a copy of the reference.

With regards to legal matters, what kind of statements should be in the letter? I will seek legal advice in any case and do everything through a solicitor if it turns out that any information in the reference is false or misleading - if it seems worth it.

On a side note, I have also seen that a couple of individuals I worked with have masked that company off their LinkedIn profiles saying they were simply 'freelancing' during that period. Can't be a coincidence.

You are of course a PCG member, so call the free legal helpline...