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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.


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Does an employer have the right to approach an employee's GP for information about his or her state of health?

An employer must not approach an employee's GP for a medical report without first obtaining the employee's written consent. When doing this, the employer is obliged to inform the employee of his or her rights under the Access to Medical Reports Act 1988. The employee has the right to see a copy of the report once it is prepared but before it is relayed to the employer, to ask the doctor to remove information the employee considers damaging or irrelevant or to refuse to allow the doctor to release the report to the employer. These rights do not generally extend to reports prepared by an independent doctor paid for by the employer.

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Is an employer under an obligation to seek employees' permission before placing their photographs on its intranet?

For how long should an employer keep an employee or ex-employee's personnel files?

Does an individual who is no longer employed by the employer have data access rights, and if so for how long after leaving?

Is an employer able to tape record a meeting with an employee to ensure that it has an accurate record of the meeting?

In a TUPE situation, is the transferor obliged to give the transferee the personnel files of transferred employees?

In a TUPE situation is the transferor required to obtain its employees' consent before passing on information about them to the transferee?

Where an employer has been asked by the police to provide information on an employee will the requirements of the Data Protection Act 1998 prevent it complying with the request?

Where an employer has reason to believe that an employee absent on sick leave is working elsewhere can it arrange for covert surveillance?

Can documentation relating to disciplinary warnings be retained after the warnings have expired?

Must a mother’s employer obtain her consent before releasing information to her partner’s employer if her partner is applying for additional paternity leave?

Must a primary adopter's employer obtain his or her consent before releasing information to his or her partner's employer where the partner is applying for additional paternity leave?

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