Natural justice and reasonable procedures say to me that a written warning
with an expiry date MUST be removed from the files the moment it expires,
and may not be considered formally in any future disciplinary procedure.
If you hold those details on my file, for example, I believe that I have the
right to require you to remove them, because they are no longer relevant.
There is otherwise no point in the warning having an expiry date
While we cannot wipe people's MEMORY of the warning we have no rights to
refer to the documentation.
I would choose a different employment lawyer. This one appears to have
their eye on future fees from litigation ;).
What does your rather excellent law faculty have to say?
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Sarah Westwood
Sent: Monday, January 19, 2004 10:17 AM
To: [log in to unmask]
Subject: [data-protection] Retention of written warnings
We are drawing up a records retention schedule for our employment records
and have been advised by an employment lawyer that although written warnings
are only "live" for a year, it is perfectly in order for them to remain on
the file thereafter to inform any potential future disciplinary procedures.
I'd be very grateful for list members' views on this, and for examples of
practice elsewhere. Personally I believe that if a warning is no longer in
force it should be removed from an individual's personnel file, but that's
really a gut reaction based on no firm evidence.
Can't find any reference to these records in the OIC's employment records
code of practice, but it may be that I'm not looking hard enough.
Many thanks in advance.
Sarah Westwood
Records Management Officer
Girton College
Cambridge CB3 0JG
Tel: 01223 338976
Fax: 01223 338896
Website: www.girton.cam.ac.uk
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