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November 28, 2018

Does an employee have a right to see an employer reference?

I was of the understanding that under the privacy provisions, a candidate has a right to see information held about them in a referee report, but if that candidate becomes an employee, those referee reports become part of the employee’s HR record and are exempt from the privacy provisions. Is this correct?

A prospective employee does not have a right to access a confidential reference that their ex-employer gives about them.

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