In a message dated 19/01/04 10:29:09 GMT Standard Time, [log in to unmask]
writes:
> 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.
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I believe it depends upon how you phrase your disciplinary procedures. If
the wording is such that the record is "spent" and the record is "expunged" then
the whole of the record should be deleted. If you say that "the record is
spent but a record of a warning will remain on your file for the duration of
your employment" then only the fact of the warning, not the details, should be
retained. If the whole of the written warning is retained, I assume your
procedure document explains to staff clearly that disciplinary warnings continue in
perpetuity. Presumably your employment lawyer will have considered
proportionality, legitimate expectation, natural justice and various other legal
concepts, and written/re-written your procedures accordingly. Even then, whether the
warning could be used or not in future disciplinary proceedings, after its
expiry date, is debatable.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do not
rely upon any advice given without contacting your solicitor. If you need
further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
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