If the "final warning" has an expiry, then logic says "yes" provided the old
has expired and been expunged before the new. However they will have fired
you LONG before that or made you redundant. Or eased you out quietly. Or
simply remembered that they wanted to fire you.
Never confuse disciplinary hearings with legal cases. They are designed to
protect the employer. Fairness only comes into it when the law decrees
fairness. Natural justice does not need to be present when it is between
corporation and employee. One need not even know who one's accusers are,
after all! Just that they have accused and that they have given evidence.
-----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 1:00 PM
To: [log in to unmask]
Subject: Re: [data-protection] Retention of written warnings
Thanks all for your comments - on and off-list. You have given me the
ammunition to "go with my gut" and argue that we should be actively
destroying these things when they're no longer active. Interesting point re
the final warning - can you have more than one with a single employer?!
Many thanks again,
Sarah
Sarah Westwood
Records Management Officer
Girton College
Cambridge CB3 0JG
Tel: 01223 338976
Fax: 01223 338896
Website: www.girton.cam.ac.uk
--On 19 January 2004 11:00 +0000 Tim Trent
<[log in to unmask]> wrote:
> Interestingly I have found in my travels so far one employer whose
> policy is to keep a Final Warning "indefinitely". I suppose that makes
"final"
> mean "final", but it does rather seem to be a Sword of Damocles.
>
> I am not sure how one classifies a "Warning involving Children", though.
> There can be cases where a child is involved but their status as a
> child is not germane to the matter in hand.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Sara Jane Newbon
> Sent: Monday, January 19, 2004 10:43 AM
> To: [log in to unmask]
> Subject: Re: [data-protection] Retention of written warnings
>
>> From "Retention Guidelines for Local Authorities", a guide produced
>> by the
> Records Management Society of Great Britain.
>
> In cases where wrong doing was proved.
> Oral Warning - 6 months
> Written Warning - 1 year
> Final Warning - 18 months
> The above warnings to be removed & destroyed after the relevant time
> has "spent".
> Warnings involving children kept permanently.
>
> Where investigations prove unfounded destroy immediately.
>
> Hope this helps
> Sara Jane Newbon
> ----- Original Message -----
> From: "Sarah Westwood" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Monday, January 19, 2004 10:16 AM
> 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
>>
>> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>> All archives of messages are stored permanently and are
>> available to the world wide web community at large at
>> http://www.jiscmail.ac.uk/lists/data-protection.html
>> If you wish to leave this list please send the command
>> leave data-protection to [log in to unmask]
>> All user commands can be found at : -
>> http://www.jiscmail.ac.uk/help/commandref.htm
>> (all commands go to [log in to unmask] not the list please)
>> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>>
>>
>
>
>
> **********************************************************************
> This email and any files transmitted with it are confidential and
> intended solely for the use of the individual or entity to whom they are
addressed.
> If you have received this email in error please notify the system manager.
> This footnote also confirms that this email message has been swept by
> MIMEsweeper for the presence of computer viruses.
> Blaby District Council - 0116 275 0555
> **********************************************************************
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> All archives of messages are stored permanently and are
> available to the world wide web community at large at
> http://www.jiscmail.ac.uk/lists/data-protection.html
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at : -
> http://www.jiscmail.ac.uk/help/commandref.htm
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> All archives of messages are stored permanently and are
> available to the world wide web community at large at
> http://www.jiscmail.ac.uk/lists/data-protection.html
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at : -
> http://www.jiscmail.ac.uk/help/commandref.htm
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Sarah Westwood
Records Management Officer
Girton College
Cambridge CB3 0JG
Tel: 01223 338976
Fax: 01223 338896
Website: www.girton.cam.ac.uk
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
