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Employees rights - staff records

Jul 13 2007

Yes, you do. All employees are entitled to access data which relates to them and is held by the company. However, companies only have to provide information if it is filed in a manner that enables the company to search for it by employee name. In other words, employers are not required to trawl through all the data held by the company on the off chance that they may discover a reference to the employee in question.

Your employer must provide the information required within 40 days of receiving a request from you in writing. The Act permits a charge of up to £10 for administering a request for retrieval of information made under the Data Protection Act 1998.

You can refer a claim to the Information Commissioner if your employer fails to comply with your request and ultimately employers can face summary conviction in Magistrates Court and/or a substantial fine for non compliance.

Comments [1]

Comment by CHRISTINE DONALD

Tuesday 13th November 2007

IF AN EMPLOYEE HAS LEFT BUT HAS LODGED A POST TERMINATION GRIEVANCE, ARE THEY STILL ENTITLED TO SEE THE CONTENTS OF THEIR PERSONAL FILE?

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