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Companies and sharing personal information

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 stella1 05 Feb 2016
So I am in the process for applying for jobs. I told employer A that I had an offer from employer B but that I would prefer to work for them. This wasn't for the purpose of salary notification but just so that they were aware that I had a bit of a deadline that I had to reply to the other company by a certain date. Now it seems that the recruiter at company A has rang a friend at company B and found out what they are offering me. Is that legal? Can company B share info regarding an offer they have made me?
 Timmd 05 Feb 2016
In reply to stella1:

I don't know, but have a helpful 'bump'.
=
1
 Indy 05 Feb 2016
In reply to stella1:

> recruiter at company A has rang a friend at company B and found out what they are offering me. Is that legal?
Why wouldn't it be?
J1234 05 Feb 2016
In reply to Indy:
It sounds dodgey to me.
This is a business transaction and having two off the parties sharing info about a third without consent, which could disadvantage the the third, sounds really bad.
 dread-i 05 Feb 2016
In reply to stella1:

Its probably legal, as the role will have been publicly advertised as "Salary range £X -£Y".
Is it ethical, probably not.
Did the recruiter quote the actual figure? Recruiters are a low form of life akin to double glazing sales men. It wouldn't be beyond the realms of possibility for them to bullsh*t you in order to clinch the deal. If you don't accept, they don't get paid. They probably have a good idea of what similar roles pay, so could make an educated guess.

So are company A going to give you more money based on this leaked info?
You could always contact company A's directors and tell them of the shady goings on with the recruiter. Do you want to work for a company that uses underhand tactics?
OP stella1 05 Feb 2016
In reply to Indy:

Just seems like they are sharing information about me without my consent. Didn't think you could do that.
OP stella1 05 Feb 2016
In reply to dread-i:
Yep. To the pound.

No they are not offering me any more. Overall company a have a good package with more benefits. I think the recruiter looked into what I had been offered elsewhere because when they initially made their offer I must have given off a negative reaction. I didn't say anything but they asked if it is less than I expected. I said it was a touch lower than I had been offered elsewhere but that it was acceptable as I like their firm more. I want to go for company a but feel that their recruiter has overstepped the mark and it's made me uncomfortable.
 AdrianC 05 Feb 2016
In reply to stella1:

I get the impression that the recruiter here is not directly employed by the company - they're a contractor working for them - is that right? If so, and if it were me, I'd ring your prospective boss at the company you want to work for, explain what's happened and ask how (s)he plans to sort it out. As dread-i said, if they're in on the practice do you want to work there? And if they're not then you're better to deal directly with them than a recruiter who isn't quite smart enough to know an unethical practice or even disguise the evidence.
OP stella1 05 Feb 2016
In reply to AdrianC:

They're directly in the practice! I just couldn't believe it. I would have thought that if a recruiter rang a company and said have you offered person x a job? and how much are you offering? They would tell them it's none of their business!
 balmybaldwin 05 Feb 2016
In reply to stella1:

You are right to be concerned. The problem is by raising questions you could loose your chance of a job at either place.

If there's a 3rd party recruiter involved, then this may be how the information is changing hands, so double check terms and conditions as to what you have granted permission for them to do with your data. If however it's someone at the offering company who has a mate in the first company to offer, then from a company point of view that "mate" should be out of the company asap - they've essentially given your preferred company an advantage at a cost to their own (assuming you are a decent employee!).

This is an obvious tactic to employ you for less money than they may otherwise have offered... if they had asked you what the offer was, that's entirely different.

To be honest if you are happy with the offer and the company then take the job, but go and have a word with the data protection officer and HR afterwards.

Alternatively if you have (or can gather enough) evidence and you are so minded then you could take this a lot further
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OP stella1 05 Feb 2016
In reply to balmybaldwin:

Thanks for the sound advice. To be totally honest I'm not sure I can even explain why it has made me feel so uncomfortable. I was happy with the offer even though it was a bit less than I had received elsewhere and had no plans to negotiate further.

It just seemed such a dodgy thing to do.
 Indy 05 Feb 2016
In reply to Reggie Perrin:

> This is a business transaction
So think of it as "due diligence"
 Philip 05 Feb 2016
In reply to stella1:

> Just seems like they are sharing information about me without my consent. Didn't think you could do that.

If you didn't want it then you shouldn't have told them the name of the other employer. The information shared isn't yours its theirs (its their salary details).

It does sound rather unprofessional. If they weren't going to hire you then why ask, if they are then why present such a bad impression of themselves.
J1234 05 Feb 2016
In reply to Indy:

> So think of it as "due diligence"

No its dodgey. An abuse of position and power. Due diligence is seeking and confirming references and qualifications, doing an online search. This kind of behaviour could be used to force down wages and working conditions in favour of the employers.
 Skyfall 05 Feb 2016
In reply to stella1:

I'm not sure if it's legal but it's very poor from an ethical viewpoint. To be honest it would make me think twice about joining them. If I had a choice.
KevinD 05 Feb 2016
In reply to Indy:

> Why wouldn't it be?

Sharing of someones information without authorisation generally fails the data protection test.
If I was wanting to do similar with someones info it would be one which would be going to the ethics officer and expecting the answer of "f*ck no".

Note as far as recruiting goes it happens. Not dissimilar to why instead of officially requesting a reference a quiet phone call might happen. Doesnt make it right though.
 BnB 05 Feb 2016

I'm an employment law specialist and I can assure you that, although the situation is ethically questionable, there is absolutely nothing illegal here at all. Firstly no personal information has been disclosed to infringe the DPA. Secondly, company B can advertise all their salaries as much as they like.

More relevantly, there is a knee jerk reaction by respondents that company A's intentions are nefarious. How do you know that they weren't so impressed with you that they want to be sure not to make an offer which in comparison with that from company B looks derisory? Just let the thing play out and decide if you like your offer and the job, and don't get a bee in your bonnet. Not yet anyway
Post edited at 21:22
 Dax H 06 Feb 2016
In reply to dread-i:

> Recruiters are a low form of life akin to double glazing sales men. It wouldn't be beyond the realms of possibility for them to bullsh*t you in order to clinch the deal. If you don't accept, they don't get paid.

You have to remember though that people also bullsh*t and big up their skill set to land a job.

You are correct though, the world would be a much happier place if the average recruiter went back under their rock.
Everytime I advertise a job I get contacted by loads who have the perfect person for me but I haven't had one that has actually listened to my requirements.
My wife works in a specialist field and typically if she eats a job through one a year later they are back on to her (once they have been paid) to get her to move so they get more fee's.

 BnB 06 Feb 2016
In reply to Dax H:

Please don't tar everyone with same brush. Recruitment is in fact a highly skilled profession whose top practitioners are as dedicated and hard-working as a senior engineer, accountant, or top rock climber for that matter. The problem is that the great rewards earned by the experts are not matched by the same barriers to entry as other professions. Consequently the industry is bedevilled by those who imagine there is a shortcut to those rewards. Believe me, the ones you rightly complain about do not last long as it is one of the most meritocratic industries in the world. Those in a hurry quickly perish.

In specialist markets, employers jealously guard their relationships with good recruiters, who are an important part of employers' wider family of advisors. In general "high street" markets however, good luck!!

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