Employee Dismissal

mike1983

Good Afternoon everybody,

I prepared some employment contracts for a client last month.

Along with the employer, I also did the one to one consultations with each employee when they were being signed and kept the signed copies on file at my office.

Today one of the employees has come direct to me for a copy of his employment contract as he has misplaced his copy. The reason he needs it is because he has been dismissed by my client and wants to see where he stands.

Although I provide the payroll service to my client, this was the first I have heard about the dismissal.

I just made an excuse up so I couldn't provide the information to the employee.

My question is, do I supply the information direct to the employee, or does he need to go through his former employer (my client) to get access to it?

Many thanks in advance!

Rachel

I am not sure if the data protection act comes into place here, as he has requested information you have on him I think you have to provide it. Could be wrong.

Jo Clark

Rachel wrote: »

I am not sure if the data protection act comes into place here, as he has requested information you have on him I think you have to provide it. Could be wrong.

I'm not sure either but think Rachel could be right. As you are holding personal data about this 'data subject' could it be that if they submitted a Freedom of Information request that you would need to provide that data. I know that there are some exceptions but not sure off the top of my head what they are.

Did you have to register with the ICO to hold this data? If so, can they provide any guidance?

BIG WAL

I'd be really concerned about supplying that information directly to the employee without getting the OK from your client. It's the client you're working for - not the employee.

It's nothing to do with FoI act - which is for information held by publicly funded bodies. For details go to:

www.gov.uk/make-a-freedom-of-information-request/the-freedom-of-information-act

deanshepherd

Just ask your client if you can send a copy.

If client says no, then tell the employee that the request for a copy has to come from the employer so he should divert his request there.

mike1983

Thanks for all your replies!

I have passed a copy of the signed contract to my client, so it's in his hands. He was angry that the employee came direct to me for the information :mad2:.

Thanks again :laugh:

missmel

You work for the client so it is them you take instruction from. Data Protection would be you protecting the data you hold from mis-use, that includes giving it away! And I completely agree with Big Wal the FoI act is for publicly funded bodies.

The employee should have gone to the employer for a copy of the contract, due to the fact they had been dismissed it would probably be best to ask in writing, the employer may not want to but would have a responsibility to make one available even if that is leaving it at the reception for collection.