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Mike Clover
Member - 3 posts
One of our employees was involved in a car accident, which was totally unconnected to his employment. His insurance company has requested the usual information relating to loss of wages etc but has now asked for a copy of his entire personnel file to be supplied to them. The employee has signed that he is willing for this to be done.
The file will contain details of his appraisals, disciplinary records, bank details, copies of birth / marriage certificates etc. Much of this is not relevant to the claim.
Do we have to comply with the request, as the information being requested is excessive for the purposes required and are there any Data Protection issues if we did indeed comply with the request?
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Philip Jeffs
Member - 291 posts
By providing consent the staff member has effectivelly waived the requirements of the DP Act.
I certainly wouldn't give my insurance company access to my personnel file - mind you, I know what's in it!
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Mike Clover
Member - 3 posts
I've just noticed that I said the request came from his insurance company. The demand has actually come from his solicitor who is pursuing his personal injury claim. Not sure if this alters things?
Mike
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James Fairchild
Member - 210 posts
Mike,
If the request has come from _his_ solicitor I find it hard to see what their ulterior motive might be. If this request was from the other party's solicitor or indeed the insurance company, you would imagine they would be looking for things like details of short absences caused by having a bad back etc, things they could use to refute part of the claim.
I really can't imagine what information in there would be relevant to a solicitor acting for him..... maybe you could call them and ask? If its one of the large no win no fee companies, expect to be speaking to a call centre rather than the actual practitioner.
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