Can I demand to see my personnel records?

gabacabriel

Following negative feedback from my supervisors, I have been informed in my latest review that my current contract is not to be extended, and that my last day of work is to be 13th July. I neither recognise nor agree with the comments aired in the review - they came completely out of left field - and consequently would like to know exactly who said what. Do I have the right to demand access to these performance notes under the Freedom of Information Act or some other piece of legislation?

Fiddlestick

How long have you been employed with them for?

If it's less than one year then it doesn't matter if you recognise or agree with the comments or not - they can dismiss you for any reason they choose.

Jaketake

Yes you can see your personnel records. It is worth seeing what happened and then take it from there

Notmyrealname

You have the right to see them but that won't change anything. You're on a fixed term contract so can be let go at the end of it without reason.

gabacabriel

Fiddlestick wrote: »

How long have you been employed with them for?

If it's less than one year then it doesn't matter if you recognise or agree with the comments or not - they can dismiss you for any reason they choose.

Well, technically my contract was very slightly over one year - 11th July 2011 to 13th July 2012 - does that make any difference with regards to emplyment law?

getmore4less

Notmyrealname wrote: »

You have the right to see them but that won't change anything. You're on a fixed term contract so can be let go at the end of it without reason.

Normal rules apply for length of service.

over a year they can't just not renew


http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Fixedtermworkers/DG_175138

bargainbetty

If the decision is taken prior to the completion of the first 365 days continuous service, then the contract ending two days over the year does not necessarily mean you can dispute it.

You can ask for the records, under DPA regulations. You might wish to speak to the Union rep, if you have one, or call ACAS. However, if your employers feel that strongly that you are not right for the role, if you kick off you may lose any chance of a reference too.

jobbingmusician

Sorry folks, it's TWO years service to get full employment rights now, not one year - for all those starting after last April.

http://www.personneltoday.com/articles/2011/12/20/58240/2012-employment-law-changes-six-things-employers-need-to.html

Acc72

jobbingmusician wrote: »

Sorry folks, it's TWO years service to get full employment rights now, not one year - for all those starting after last April.

http://www.personneltoday.com/articles/2011/12/20/58240/2012-employment-law-changes-six-things-employers-need-to.html

If you read the posts from the OP it is clear that they started with their current employer before April 2012.

Uncertain

Acc72 wrote: »

If you read the posts from the OP it is clear that they started with their current employer before April 2012.

Quite.

Contrary to much of the speculation when this change was proposed it is not retrospective. Anybody who started even a day before April 2012 needs only one year's service.

Notmyrealname

getmore4less wrote: »

Normal rules apply for length of service.

over a year they can't just not renew


http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Fixedtermworkers/DG_175138

Yes they can. They merely can't terminate it for unfair reasons. If they give no reason at all, that is not unfair.