Model discipline, grievance and underperformance documents now GDPR-compliant
We have revised our model discipline, grievance and capability (underperformance) policies and documents to comply with the General Data Protection Regulation (GDPR), which is in force from 25 May 2018.
Why review your documents?
The introduction of the GDPR means that employers should review their procedures and documentation to ensure that:
- data protection and privacy considerations are embedded;
- only the minimum amount of personal data is collected and processed for a specific purpose;
- there is a legal basis for processing personal data; and
- individuals whose personal data is being processed are provided with privacy notices.
When handling disciplinaries, grievances and underperformance, employers must comply with the principles under the GDPR for processing data.
We have added model wording on data protection to our example disciplinary procedure, grievance procedure and performance improvement procedure setting out how data will be handled during these procedures.
The model wording also provides a reminder of the consequences of inappropriate access or disclosure of employee data and refers to our example GDPR-compliant data protection policy for more information.
A number of discipline, grievance and performance improvement documents have also been updated to explain early in the process how personal data will be treated and to refer to an employee privacy notice for more details. These include our:
- form for an employee to raise a formal grievance;
- letter informing an employee suspected of misconduct that an investigation will be taking place; and
- letter inviting an employee to attend a meeting where performance has not improved after initial feedback.
Other model documents updated to reflect the GDPR include our:
- collective grievance procedure;
- letter inviting an employee to an investigatory meeting regarding another employee's grievance;
- procedure on conducting a disciplinary investigation;
- letter inviting an employee suspected of misconduct to attend an investigatory meeting; and
- letter inviting a witness to attend a disciplinary investigation meeting.
Look out in the coming weeks for more updates to our model policies and documents to make them GDPR-compliant.