I wouldn't try to second guess them. I'd ask the Jobcentre to tell me
under what legislation they have the authority to require me to respond. I
don't think it is any employers responsibility to second guess what powers
people are trying to exercise. We might get it wrong, with unforeseen
consequences.
I'd then check very carefully whether they are acting correctly within
those powers. Only last month a government agency told me they had the
power to require me to provide information when, having looked at the
legislation they quoted, it turned out that they didn't.
Chris
"Broom, Doreen" <[log in to unmask]>@JISCMAIL.AC.UK> on
28/06/2004 16:18:58
Please respond to "Broom, Doreen" <[log in to unmask]>
Sent by: This list is for those interested in Data Protection issues
<[log in to unmask]>
To: [log in to unmask]
Subject: [data-protection] Disclosure to Jobcentre Plus
***** THIS EMAIL WAS SENT VIA THE INTERNET *****
All
I have been asked if it is OK for our HR Dept to provide information
relating to an ex-employee to the above organisation in order to decide
entitlement to Jobseekers Allowance and National Insurance Credits. The
information they are requesting is details as to why the person was
dismissed for misconduct.
When I look under the Staff Administration purpose there is nothing to say
we can disclose to this organisation other than employment/recruitment
agencies and only Local Govt. To my mind I doubt if we should be
disclosing this information...not sure why they were dismissed but if they
were to apply for a job with children etc. then Disclosure Scotland would
be able to check on that. Does anyone know of any legal reason why we
should disclose reasons for dismissal just so the person can get his
entitlement? Surely, we should just be confirming that they were dismissed
on a certain date?
Many thanks,
Door
Doreen Broom
Access to Information Officer
Scottish Borders Council
Tel: 01835 826516
Fax: 01835 825041
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