Employee records

dori2o

Is an employee entitled to make a request to have a copy of their HR/Sick/Employee file?

InsideInsurance

Yes under the Data Protection Act you can make a subject access request however there are a number of items that they can legitimately withold, eg references they have written about you

ohreally

InsideInsurance wrote: »

however there are a number of items that they can legitimately withold, eg references they have written about you

Not according to the ICO...

In most circumstances, you should provide the information in a reference, or at least a substantial part of it, to the person it is about if they ask for it. Even if the referee refuses consent, this will not necessarily justify withholding the information, particularly where this has had a significant impact on the individual, such as preventing them from taking up a provisional job offer.

Ref:http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/references_v1.0_final.pdf

dori2o

Thank you.

Uncertain

ohreally wrote: »

Not according to the ICO...



Ref:http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/references_v1.0_final.pdf

In any case there is an even clearer right to get the reference from the company it was sent to.

InsideInsurance

ohreally wrote: »

Not according to the ICO...



Ref:http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/references_v1.0_final.pdf

Your quoting the bit from the recipient of the reference not from the person/ company who wrote it:

ICO wrote:

Do you have to give a copy of a reference you have written?
If someone asks for a copy of a confidential reference you have written about them relating to training, employment or providing a service, you do not have to provide it because of an exemption in the Act

ohreally

InsideInsurance wrote: »

Your quoting the bit from the recipient of the reference not from the person/ company who wrote it:

Thats because if you wish to access the reference the request is submitted to the recipient.