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What can my employer disclose at interview?

Hi All,

Been trying to find some information on this but can’t seem to find anything difinitive so thought I’d reach out directly to the HR community.

The business I work for has recently recruited a new senior manager into the business. I have just found out that, during the recruitment/interview process, some information about a dispute I was having with a Reseller/Partner was disclosed to this candidate prior to her being offered a contract.

Is this allowed? Can my employer disclose information about me to a job candidate without having my consent?

Any help on this greatly appreciated

586 views
  • It may be a data breach under GDPR but in reality your only likely redress would be going down a CD case which is unlikely to be fruitful if the information was true. You could report them to the information commissioner I guess.

    What detriment do you think you have suffered as a result
  • Thanks for that. I’m asking as it relates to a CD case. I’m being managed out of the business and, aside from other things, I believe that my manager being informed about it would have potentially prejudiced her views on me, resulting in her deciding to manage me out. Furthermore, would the business giving her this information prior to employment represent a material breach of trust and confidence?

    Thanks for the help!
  • I'd concur with Keith. It's not good practice, certainly. And it depends somewhat on what was said and when.

    But the fact that it was said before the offer was made becomes immaterial to your particular situation because she *was* offered the job and *did* accept it, so whether she was given that information before or after the event is irrelevant to whether that influenced her decision to - in your words - manage you out.

    One in place, of course, information about the performance of her subordinates is entirely relevant and reasonable for her to possess. What she chooses to do with it falls outside the scope of GDPR.
  • In reply to Robey:

    Thanks guys, really appreciate your input on this.
  • In reply to David:

    Hi David

    But you’ll need hard evidence eg that your manager didn’t need to know about this dispute involving you. It the dispute involved operational matters for which the role was to be responsible then it's hard to envisage this, although it would have been unnecessary and wrong of them at that stage to have mentioned you by name in connection with the dispute rather than ‘one member of your potential team’ or whatever.
    And the ‘prejudiced her views about me’ matter - again, you’ll need hard evidence that something untrue or needlessly derogatory was said about you as the team member.
    Without this kind of evidence, this can probably be only your own interpretation of these events which you might find it very difficult to prove to the satisfaction of eg a Tribunal.
  • In reply to David:

    ( crossed with Robey’s similar comments)
  • The way that it was said before the offer was made gets insignificant to your specific circumstance since she *was* extended to the employment opportunity and *did* acknowledge it, so whether she was given that data previously or after the occasion is immaterial to whether that affected her choice to - in your words - oversee you out. One set up, obviously, data about the exhibition of her subordinates is totally important and sensible for her to have. What she decides to do with it falls outside the extent of GDPR.