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I am of the opinion that absence management would not be discussed at a full Council meeting but directly with the employee's Line Manager - at least that is how it works here....
D
-----Original Message-----
From: Charles Prescott [SMTP:[log in to unmask]]
Sent: 28 April 2004 16:12
To: [log in to unmask]; Broom, Doreen
Subject: Re: [data-protection] Identifying an individual
***** THIS EMAIL WAS RECEIVED FROM THE INTERNET *****
Excuse me for lurking and being puzzled, but is the conclusion here that management can not discuss the work records, which includes an absence record which includes sick days claimed, of an employee? Or is the Council not the employer? I the former is the case, is there a solution to this? Employers have to assess their employees'performance.
Charles A. Prescott
Vice President, International Business Development & Government Affairs
Direct Marketing Association
1120 Avenue of the Americas
New York, NY 10036
U.S.A.
Tel. +1-212-790-1552
Fax. +1-212-790-1499
e-mail: [log in to unmask]
website: www.the-dma.org
Helping businesses go direct worldwide.
>>> "Broom, Doreen" <[log in to unmask]> 04/28/04 10:57 AM >>>
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You can't use than one from January 2005..............................we must be open..........
D
-----Original Message-----
From: Carter, Antoinette (CCM) [SMTP:[log in to unmask]]
Sent: 28 April 2004 14:04
To: [log in to unmask]
Subject: Re: Identifying an individual
***** THIS EMAIL WAS RECEIVED FROM THE INTERNET *****
Without having been present at the meeting, which they obviously
weren't, how can they prove, or even be aware of, what was said by whom,
and whether or not it was sufficient information to identify them.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 28 April 2004 12:59
To: [log in to unmask]
Subject: Re: [data-protection] Identifying an individual
The crux is whether personal identification information was revealed.
It
could be argued that it was, since those with the extra knowledge
required
can now identify the individual (cf photographs). It could be argued
that
it was not, which you are seeking to do.
The problem is that the employee has issued a formal complaint, as they
have
the right to do. And the outcome of this will depend in no small way on
how
you handle this complaint and on what the employee wants as an outcome
of
the complaint. If they want a simple apology, and will limit their
action
to receiving the apology and closing the matter, I suggest you opt for
that
route whether you feel in the right or not.
The reason I suggest this is that the employee has legitimate recourse
to
pursue this with the UKIC, and it seems to me to be borderline enough
for
him to decide to investigate completely. It always seems to me to be
worth
defusing such investigation by pouring oil on waters.
Sickness records are a minefield. The very fact of sickness, ignoring
the
ailment, is sensitive data.
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
email: [log in to unmask]
Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell,
United Kingdom, RG12 1BP
http://www.marketingimprovement.com
This message is for the intended addressee's use only. It may contain
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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 Brenda Scourfield
Sent: Wednesday, April 28, 2004 9:22 AM
To: [log in to unmask]
Subject: [data-protection] Identifying an individual
During a council meeting a comment was made about an employee who had x
number of days sick leave. The department involved is a very large
department and it is unlikely that they could be identified from this,
except perhaps by their line manager, who wasn't present. No other
working
associates were present, merely members. The employee's name was not
disclosed.
However, the employee has now made a complaint that they were identified
by
disclosing the number of days sickness. They have also complained that
the
Leader of the Council should not have been given this information.
However, LA employees are employed by the members so as our employers I
would say they are entitled to see our attendence records.
I know that you cannot give information which would directly identify
someone - ie the man living at 10, Downing Street complained that etc
'....'
Can anyone give me any advice on this or point me to the part of the Act
I
can quote to the employee, which states non-identifying data is ok to
disclose.
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