First Tuesday Q&A

The claimant was dismissed by reason of gross misconduct and in particular.

An employee does not wish to disclose her illness. 9 weeks of certificates stating, “unfit for work” have been received. Can a company doctor disclose the illness to the employer or can we insist on knowing the nature of the illness or move to dismissal or some other action?

Posted in: First Tuesday Q&A NI on 08/01/2013 Under the Access to Personal Files and Medical Reports (NI) Order 1991 (the Order) an employer cannot request a report from an employee’s own doctor without the employee’s consent, which should be recorded in writing. While referring an employee to a company doctor (which we assume to be the case h...

In what circumstances will an employment tribunal accept covert monitoring as evidence?

Posted in: First Tuesday Q&A NI on 02/10/2012 This question raises a number of issues and we are not told if the monitoring footage is within the workplace or outside. The Industrial Tribunal does not have formal rules of evidence about the admissibility of evidence but, if a party to the proceedings wishes to rely on recordings in support of ...

I have contacted Data Protection and they are unable to tell me what the time line is for retaining employee applications for jobs and employee files i.e. leavers. What is appropriate? She said we should have a data protection retention policy and state how long we keep files before they are shredded.

Posted in: First Tuesday Q&A NI on 02/11/2010 This response was correct. As there are no specific document retention periods provided in the Data Protection Act 1998 (DPA), it is down to each employer to set their own time limits for the holding and deletion of employee records within the constraints of any other specific legislative and best ...
This article is listed under the following topics:
Data Protection and Freedom of Information Act