Are Reference Checks Confidential?

Checking references is an essential part of the recruiting process, but just how confidential is it?

Requests for disclosure are uncommon but when they are made it is usually when the candidate misses out on the role.

We all have expectations that what we say in a reference check will remain only between the parties to the conversation. Often the questions and answers in this situation can be quite sensitive, but for the process to have any value it requires a high level of honesty. Human nature is that we’re likely to be more guarded if we know that the information will be passed on to the individual being discussed.

So is the candidate actually entitled to find out what was said? The short answer is mostly yes, but the way that the Privacy Act deals with this issue is not as clear as it is with many other situations.

The general advice is to always be professional and remember that you may have to pass on the information so make sure everything discussed is relevant to the role.

For an article on this topic with input from a senior associate at Harmers Workplace Lawyers CLICK HERE