GDPR: Model sickness, redundancy and variation of contract documents updated
GDPR data protection documents
Data protection documents to use in your GDPR compliance efforts include:
Sickness absence management processes often require employers to gather "health data", which falls within the special categories of personal data under the GDPR. For example, employers could be handling health data when:
- verifying and recording the reasons for sickness absence;
- holding meetings related to sickness absence, such as sickness absence review meetings and return-to-work interviews; and
- obtaining medical reports on employees.
Employers should ensure that personal data collected for the purposes of dealing with potential or actual redundancies is treated in accordance with their data protection policy.
During a redundancy process, employee representatives, as employees, must comply with employers' data protection policy in respect of the personal data collected. Trade union representatives, in their capacity as trade union officials, are part of the trade union and the trade union must comply with applicable data protection rules, including issuing privacy notices where appropriate.
When seeking to vary employees' contracts of employment, personal data may be passed between different parts of the organisation (for example between line managers and the HR department). Employers should ensure that employees are aware of how their data is being used and the basis for processing the data, via an employee privacy notice.
It is also important for employers to be satisfied that employee representatives understand the requirements of the GDPR when processing personal data during a consultation process for varying employees' contracts of employment.
The following sickness and sick pay, redundancy and variation of contract documents have therefore been updated:
Sickness and sick pay
- Short-term sickness absence policy
- Long-term sickness absence policy
- Obtaining medical reports policy
- Sickness absence self-certification form
- Letter confirming the outcome of a stage 1 short-term sickness absence meeting
- Letter confirming the outcome of a stage 2 short-term sickness absence meeting
- Letter confirming the outcome of a stage 3 short-term sickness absence meeting
- Letter confirming the outcome of a short-term sickness absence appeal hearing
- Letter confirming the outcome of a stage 1 long-term sickness absence meeting
- Letter requesting permission to apply to a medical practitioner for a medical report
- Form for an employee to consent to the employer applying to a medical practitioner for a medical report on them
- Letter notifying an employee of plans to request a medical report where the Access to Medical Reports Act 1988 does not apply
- Letter confirming what has been agreed following an informal short-term sickness absence return-to-work interview
- Form for return-to-work interview after short-term sickness absence
- Record of a home visit to an employee on long-term sickness absence
- Letter requesting that an employee attend a medical examination
- Form for an employee to consent to a medical examination
- Redundancy policy
- Letter informing an employee of possible redundancy
- Letter inviting an employee to a meeting to discuss the fact that he or she has been provisionally selected for redundancy
- Letter confirming that redundancies will be necessary and inviting applications for voluntary redundancy
- Application form for voluntary redundancy
- Letter informing union or employee representatives of proposed redundancies
- Letter to union or employee representatives permitting access to employees for collective redundancy consultation purposes
- Procedure for the election of employee representatives for informing and consulting with regard to collective redundancies
- Letter to affected employees inviting them to elect representatives for collective redundancy consultation purposes
- Letter to notify successfully nominated individuals that they will stand as candidates for election as employee representatives for collective redundancy consultation purposes
- Letter to election candidates announcing result of election for employee representatives for collective redundancy consultation purposes
Other documents updated
Variation of contract
- Procedure on varying terms and conditions
- Letter informing union or employee representatives of proposed variation to contracts of employment
- Letter to affected employees inviting them to elect representatives for collective consultation purposes where a proposal to vary contractual terms and conditions may result in "redundancies"
- Letter to union or employee representatives starting consultation on proposed variation in contractual terms and conditions
- Letter inviting an employee to an individual consultation meeting to discuss varying his or her contract of employment