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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47606
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was being unofficially being performance managed by a se

Customer Question

I was being unofficially being 'performance managed' by a senior officer who has written lots of entries in my employee file. I was informed by her manager and the head of HR that I was not, or never had being performance managed. I have asked several times to view my file but this has been refused by several managers. This has caused me a great deal of stress to myself over the last 12 months or more. I was moved to another work area but she still had my last PDR even though I had put 2 grievances against her. I have asked my new manager to remove the entries on my file due to me not being privy to what was in there and it was unfair to judge me by them. What can I do?
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How has this actually affected your position, has any formal action been taken as a result?

JACUSTOMER-Customer- :

No, no formal action had ever been taken but it has affected me mentally and I very nearly had a breakdown over it. I am worried that my file will be looked at about an unrelated disciplinary and I am worried that it may adversely affect their decision

Ben Jones :

any contents of your personnel file will amount to personal data under the Data Protection Act. the employer would have a legal duty to keep that data accurate and up to date. If you believe that the contents are not accurate or not kept up to date then you may challenge this and ask them to correct them as necessary. Full details on this duty can be found here:

http://www.ico.org.uk/for_organisations/data_protection/the_guide/information_standards/principle_4

Ben Jones :

I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you

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