Consultation on the Data Protection Commissioner’s draft code of practicefor employers has closed amid angry accusations that it would leave employerswide open in tribunal cases. The draft, which employers’ groups say is far too detailed and prescriptive,proposes that employers should not keep detailed sickness records withoutemployees’ express consent. It also warns against keeping information on sex, ethnic origin, disability orother “personal characteristics” unless absolutely necessary. But this would make it impossible for organisations to defend themselvesagainst claims of discrimination and unfair dismissal. “The regulations are at odds with employment tribunal proceedings andleave employers uncertain about their legal situation,” the CIPD’semployee relations adviser Diane Sinclair said. DPC Elizabeth France acknowledged the employment law arguments for keepingrecords, but said she had “doubts how far this line of argument can besustained”. The kind of data warned against in the code is often pivotal in casesinvolving sickness absence and disability. And detailed statistics on sex andrace will be crucial when the Burden of Proof Directive becomes law later thisyear, forcing employers to defend themselves against prima facie cases ofdiscrimination. Data draft code brings legal uncertaintyOn 1 Feb 2001 in Personnel Today Comments are closed. Previous Article Next Article Related posts:No related photos.