Sickness records are sensitive. Which Schedule 3/SI 417 Condition would you
meet if not consent?
The thing is to put on your application forms, next to the bit which has to
be signed, that says "I promise I haven't lied on the form" another bit
which says "and I agree to you obtaining data, including sickness absence
records, from the previous employers I have given as referees". Then you
can assure the referees that the Data Subject has explicitly consented, and
even fax them a copy of the relevant bit if they don't believe you.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: "Susan Ferguson" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, January 12, 2006 2:23 PM
Subject: Employee sickness records
>I have received the following query
>
> "I've requested a reference for a prospective employee. The employer is
> the
> HM Revenue and Customs. In the reply they confirmed employment dates and
> status but in response to our request for information regarding sickness
> absences, it was stated "the Data Protection Act of 1998 prevents me from
> releasing details of the officer's attendance record without their written
> permission".
>
> Has anyone else had this problem? Surely it is perfectly acceptable under
> DPA for us to request the sickness records from their previous employer?
>
> We could of course seek the permission from the prospective employee but
> are there any other ideas?
>
> Regards
>
> Susan Ferguson
> Records Management Team Leader
> South Tyneside Council, Westoe Road
> South Shields, Tyne and Wear
> NE33 2RL
>
> Tel 0191-424 6539
> Fax 0191-424 7002
> [log in to unmask]
> http://www.southtyneside.info
>
>
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