Does an employer have the right to approach an employee's GP for information about his or her state of health?
In a TUPE situation, is the transferor obliged to give the transferee the personnel files of transferred employees?
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?
There is no statutory requirement for the transferor to give the transferee the entire personnel files for transferring employees in a TUPE situation. However, as a minimum, under the TUPE Regulations 2006, the transferor must give the transferee certain "employee liability information", no later than 14 days before the relevant transfer, which will include information from employees’ personnel files. Employee liability information includes the identity and age of the transferring employees; the information that must be included in their written statement of employment particulars; and details of any disciplinary procedures taken against, or grievance procedures taken by, them in the previous two years.
The transferor may be obliged to give further information about employees to the transferee if the transferee requests this as part of a due diligence exercise. When deciding what information to provide, the transferor should consider what is necessary for the purposes of the transfer and the transferee’s business needs, bearing in mind the data protection principles. It may not be necessary to provide the whole personnel file of each employee.
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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