Yes but since this data is personal, and probably "sensitive", the DPA
surely imposes a requirement for fairness (Principle 1) towards employees
in its retention?


--On 19 January 2004 13:20 +0000 Tim Trent
<[log in to unmask]> wrote:

> 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 destroying these things when they're no longer active.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
>>>
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>
>
> 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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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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