Maybe you should look to other internal employment practices for
guidance. For example, if you were to apply for a job internally, would
you normally give access to the new department of the employee's
disciplinary process in the other. I would imagine that you would.
Also, you are going to need to consider whether there is a real
possibility of this person being sacked from one role as this may affect
their ability to keep on the other role.
On the other hand, looking at the situation from the outside looking in,
if an employee was succeeding in one role and failing in another it
would make me question whether there might be a clash of personalities
and/or poor management involved in the role that was failing. Which
might lead you to believe it is unfair to label them as an
under-performing employee if they are clearly performing adequately in
the other role.
Perhaps the issue is one of timing. It might be worth considering
stating in their "improvement plan" (presuming you are giving them
opportunity to improve on their current performance) that you will have
to inform the other manager if their improvement targets are not met.
Antoinette Carter
Consultant
Information Governance
Marketing and Customer Services (MCS)
Tel: ++44 (0)207 389 4970
Fax: ++44 (0)207 389 4754
Email: [log in to unmask]
________________________________
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Rodgers
Sent: 06 August 2007 11:12
To: [log in to unmask]
Subject: [data-protection] Data Protection and Employment
All,
We have a person who has two jobs in the council, one of which they are
doing very well, however their performance in the other job is subject
to our internal disciplinary processes.
Our question is should the manager of the job they're doing well at be
notified of the disciplinary process occuring in the other job? Key
points to consider would be:
- The employee has two jobs with the approval of the council
- There is an EHR system - it may be possible for both managers to look
at the same employee record
- What if to compensate for poor performance, there is a imbalance of
effort away from the job that they were doing well at?
- As we are a single data controller, is there a fair expectation that
the information would be passed from one manager to another (though
clearly any other action taken could be regarded as harrassment).
Could be a bit of a coin toss this one - I'm wondering if anyone has
similar experiences?
Thanks,
Tim Rodgers
Information Governance Manager
Legal Services
Chief Executives Department
London Borough of Tower Hamlets
Phone: 0207 364 4354
Mobile: 0796 770 5102
Fax: 0207 364 4804
E-mail: [log in to unmask]
Website: http://www.towerhamlets.gov.uk
2nd Floor, Town Hall, 5 Mulberry Place,
London E14 2BG
************************************************************************
*********
Working Together for a Better Tower Hamlets
Web site : http://www.towerhamlets.gov.uk
London Borough of Tower Hamlets E-Mail Disclaimer.
This communication and any attachments are intended for the addressee
only and may be confidential. It may contain privileged and confidential
information and if you are not the intended recipient, you must not
copy, distribute or take any action in reliance on it. If you have
received this E-Mail in error please notify us as soon as possible and
delete this E-Mail and any attachments. This message has been checked
for viruses, however we cannot guarantee that this message or any
attachment is virus free or has not been intercepted or amended. The
information contained in this E-Mail may be subject to public disclosure
under the Freedom of Information Act 2000. Unless the information is
legally exempt from disclosure, the Confidentiality of this E-Mail and
your reply cannot be guaranteed.
If your request relates to a Freedom of Information enquiry, please
resend this to [log in to unmask]
************************************************************************
************
________________________________
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
Selected commands (the command has been filled in below in the body of
the email if you are receiving emails in HTML format):
* Leaving this list: send leave data-protection to
[log in to unmask] <mailto:[log in to unmask]&BODY=LEAVE
data-protection>
* Suspending emails from all JISCMail lists: send SET * NOMAIL to
[log in to unmask] <mailto:[log in to unmask]&BODY=SET *
NOMAIL>
* To receive emails from this list in text format: send SET
data-protection NOHTML to [log in to unmask]
<mailto:[log in to unmask]&BODY=SET data-protection NOHTML>
* To receive emails from this list in HTML format: send SET
data-protection HTML to [log in to unmask]
<mailto:[log in to unmask]&BODY=SET data-protection HTML>
All user commands can be found at
http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body
of an otherwise blank email to [log in to unmask]
Any queries about sending or receiving messages please send to the list
owner [log in to unmask]
(Please send all commands to [log in to unmask] not the list or the
moderators, and all requests for technical help to
[log in to unmask], the general office helpline)
________________________________
This message is for the use of the intended recipient(s) only.
If you have received this message in error, please notify the sender and delete it.The British Council accepts no liability for loss or damage caused by software viruses and you are advised to carry out a virus check on any attachments contained in this message. Our purpose is to build mutually beneficial relationships between people in the UK and other countries and to increase appreciation of the UK's creative ideas and achievements. The British Council is registered in England as a charity.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
