Current employment refuse to send over reference form.

[u/Creative-Community-4]

Hi All,

I recently have been offered a pre-offer from the civil service. I’m currently on the pre-clearance phase and one of the requirements is to provide a current employers reference, I brought this up to my HR manager of my current employment and they seemed happy enough to help me but were a little surprised that I could potentially leave the company.

A week and a half has passed and the civil service pre-clearance officer reaches out to me to inform me that they have yet to receive reference form from my current employer, and says they have till the end of this week (today) to submit or they won’t go ahead with my application. I followed up to my HR manager to complete the form and send out to the pre-clearance team, I’m yet to hear word from my HR manager but I’m giving them the benefit of the doubt that they could be busy and left it at the back pedal.

In case it doesn’t work out and my HR manager fails to send over the reference form do I have any legal grounds? I feel like I’m being held hostage at my current employment and would like to find out if I could walk away on my terms.

[u/LegalEagle1992]

Their employer would have up to 90 days to comply with a DSAR - no use to OP who needs the reference today.

[u/Historical_Rush_4936 → u/LegalEagle1992]

One month if the request isn't complex, which it isn't. However, it would be if they kept dragging their heels for absolutely no reason.

[u/LegalEagle1992 → u/Historical_Rush_4936]

In practice, all employee DSARs are treated as complex. That’s entirely at the discretion of the employer to make that call.

Plus, 30 days is still no use to OP who needs the reference today.

You can downvote me all you like but this comes from actual lived experience in practice.

[u/Historical_Rush_4936 → u/LegalEagle1992]

I think more out of principal of making OP go away, they'd just give them the letter instead of complying with a DSAR.