ChatterBank0 min ago
Personal file
Do i have a legal right under the freedom of information act to request my personal file from an ex-employer.
And should this personal file include a copy of any references that the ex-employer has sent to any prespective new employers.
lastly...what can i do if i don't receive the information (i understand that they have 14 days to return the info)...eg take to a tribunal etc
Many thanks...as always
Andy
And should this personal file include a copy of any references that the ex-employer has sent to any prespective new employers.
lastly...what can i do if i don't receive the information (i understand that they have 14 days to return the info)...eg take to a tribunal etc
Many thanks...as always
Andy
Answers
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The Freedom of Information Act only applies to information held by public authorities:
http://www.foi.gov.uk/yourRights/index.htm
The Data Protection Act allows you to seek access to certain information held by private bodies (such as your current or former employer) but the Act exempts your previous employer from any obligation to disclose the contents of a reference which he gave you. However, your present employer may well be required to disclose the contents of such a reference. See here:
http://www.ico.gov.uk/upload/documents/library /data_protection/detailed_specialist_guides/su bject_access_and_employment_references.pdf
For information about the correct procedure for accessing information from your previous employer (excluding the reference provided) and/or from your current employer, see here:
http://www.ico.gov.uk/Home/what_we_cover/data_ protection/your_rights/how_to_access_informati on.aspx
Chris
http://www.foi.gov.uk/yourRights/index.htm
The Data Protection Act allows you to seek access to certain information held by private bodies (such as your current or former employer) but the Act exempts your previous employer from any obligation to disclose the contents of a reference which he gave you. However, your present employer may well be required to disclose the contents of such a reference. See here:
http://www.ico.gov.uk/upload/documents/library /data_protection/detailed_specialist_guides/su bject_access_and_employment_references.pdf
For information about the correct procedure for accessing information from your previous employer (excluding the reference provided) and/or from your current employer, see here:
http://www.ico.gov.uk/Home/what_we_cover/data_ protection/your_rights/how_to_access_informati on.aspx
Chris
Chis, I think the employer does have a get out clause though. I seem to remember, though I haven't looked it up, that the information had to be filed in a certain way if it could be made available i.e. the employer had to have a file labeled with that persons name for instance, rather than a general staff salary or disciplinary file etc etc. I seem to remember a strange quirk in the legislation for this. Sorry, but this was just something lurking in the back of my mind concerning this.
Sort of. The ruling, as a result of a case between a gentleman named Durant and the Information Commisioner (and it's attendant appeals) is that information has to be stored 'in a relevant filing system'. A general rule of thumb is 'the temp test' - could a temporary worker be expected to locate the requested information reasonably quickly.
In short (and covering some points already made)
You have a legal right under the Data Protection Act 1998 to see any information held about you, subject to a few possible exemptions (such as info not being held in a relevant filing system).
Employment references are normally held for about six years after termination of employment, so you should expect to see them in your file. Your current employer may be obliged to removed the name of the person giving the reference (for a work reference, not a personal one).
You can expect to receive the information within 40 calendar days. If you do not, you are entitled to make a complaint to the Information Comissioner. If you are not satisfied with his decision, you may appeal to the Information Tribunal. Buenchico has already provided links to the Commissioner's website.
In short (and covering some points already made)
You have a legal right under the Data Protection Act 1998 to see any information held about you, subject to a few possible exemptions (such as info not being held in a relevant filing system).
Employment references are normally held for about six years after termination of employment, so you should expect to see them in your file. Your current employer may be obliged to removed the name of the person giving the reference (for a work reference, not a personal one).
You can expect to receive the information within 40 calendar days. If you do not, you are entitled to make a complaint to the Information Comissioner. If you are not satisfied with his decision, you may appeal to the Information Tribunal. Buenchico has already provided links to the Commissioner's website.
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