Can something be put on my work personnel file without my knowledge?

[naanbreadforaxel]

Have a bit of an ongoing situation at work at the moment, I sought advice from a someone higher but relevant to the situation although not involved in it. He is of a higher role in the company and during the conversation (which my union rep was also present as they arranged the meeting) a mutual agreement was met and agreed upon. I asked for the outcome of the meeting to be put into writing to which this person agreed, said they’d sort it and get it to me. This was 6 months ago and I’m still waiting. This is causing ridiculous amounts of anxiety as this person isn’t the most approachable and I feel like he hasn’t upheld his end of the agreement until this is done, please note this meeting was about my mental health and neurodivergent needs and support. My union rep has approached him numerous times over the last few months and he always says yes he’ll sort it. His latest response to the chasing from my rep is “naan isn’t getting a copy, I’ll put it on her file as and when I get round to it”

is he allowed to do this? I don’t feel it’s fair he can put something on my file I can’t see or haven’t seen before he does. That’s assuming he actually does it as it doesn’t look likely given the current waiting game.

Are these adjustments to your role that you’re seeking?
do they line manage you? As in can they make these decisions?

They don’t line manage me. But they are the companies mental health “expert” so to speak. He’s done a course and is the one people are directed to about any issues.

What kind of course? If he’s a mental health first aider then they are only supposed to provide support and signposting. Is this person getting involved with assessing and recommending reasonable adjustments? That is an Occupational health role

I hope I'm misreading this post, because if he is a MHFA he is hugely overstepping.

I had a conversation with the occupational health company, that my company outsource to. They suggested a questionnaire the company could provide me with to help identify any triggers in the work place, what I could do to help myself etc. but some of the questions were extremely open ended and had no parameters in place. So I was advised (maybe wrongly by my manager and my union rep) to speak to this person as he is there mental health person (and was also the one who’s name was on my referral to occ health) about some parameters eg what time frame are these questions relating - this week/month/year/whole life. He told me he wasn’t qualified to give those kind of parameters. So I said who would be reading my answers to determine if they were appropriate for the work place, he said no one, if I filled it in it would be filed and probably never see the light of day again. So I said it’s a waste of time from a companies point of view, me filling it in then. He agreed. I said okay well I want in writing that it is mutually agreed to not be of benefit me filling in the questionnaire and in the probable event of future absences it would not be seen as me not engaging with support offered from the company. To which he again agreed and said he would sort out putting that in writing.

I understand.

I also think that your employer is on rather thin ice.

It doesn’t sound like this guy was the appropriate person for you to be directed to. Your manager should have sought further occ health guidance. Could you go back to occupational health and go through the questionnaire with them, fill it out with their guidance? Otherwise the appointment with them sounds like it was a waste of time

I think the occ health appointment was a waste of time as they said they would be purely finding out what my Employer wanted to know - am I likely to be covered by the equality act. Occ health took my basic health history, my diagnosis and that was about it.

Did you not get a report from occ health? It doesn’t actually sound like they have helped in anyway so I would raise this with your manager even if it means it being done again.

have you done access to work? That might be a help point.

also I don’t see how the mental health first aider was meant to help, I thought they were there for support when you need it.

can you speak to HR?

the issue is that it you keep having time off they could deem you as not capable of being able to do the job. How is your relationship with your manager? If its good & they are supportive, I think you need to work out what support you need & tell them. Its going to be the most direct way to get the ball rolling to get help if thats what you need.

I think you’re approaching this the wrong way. Rather than you and your union rep worrying about whether this man has issued the letter yet you should be concerned about the fact that the issues you saw Occ health about have gone nowhere!
Occ health have suggested something which you couldn’t complete and your company said would be filed and nothing done about anyway.
If this form was part of deciding on adjustments needed then the form surely needed to go back to Occ health once completed.

If this was to do with reasonable adjustments I think you need another occ health appointment

I was off at the start of the summer last year due to an adhd burnout (This is what the dr put on my fit note) after approaching my company for support and they putting barriers in place. While I was off I attended welfare meetings , did a return to work, upon my return my manager and I sat down and discussed reasonable adjustments etc which was all fine. Occ health were only involved as I was then sanctioned for my attendance, I appealed on the basis I was covered by the equality act and the company didn’t want to make a decision if I was or not so put it to the occ health. Occ health did send a report, said pretty much adhd burnout is common, probably happen again if not managed, likely covered by the equality act, here’s some resources.

You can put in a subject access request to get your file

so much about what your employer is saying is wrong and some of it’s illegal.

give ACAS a call for advice about this

To answer your question, yes, your employer can add things to your personnel file without your knowledge. Your file must be accurate and it must be kept securely, but there is no requirement to share everything with you unless you put in a subject access request. Even then, they only have to share what is in the file at the time (with some exceptions). They don't have to notify you of any future additions to your file.

However, I agree with @Maviaz that this is focussing on the wrong thing. If your mental health issues are having a substantial impact on your ability to carry out normal day-to-day activities, they are required by the Equality Act to make reasonable adjustments. It sounds like they have not done so. This is what you need to pursue.

On what grounds can the withhold information from my file? As this manager is now claiming he has added to my file what was agreed but isn’t going to show me. Don’t want to waste peoples time putting in a request if they can just say no.

I have had adjustments put in place after my first absence, it’s the first time I’ve been off with this issue in the 5 years with the company. My direct manager I can’t fault at all, she has been very supportive. Although a few teething difficulties along the way due to the running structure of the workplace but even then steps have been put in place.

There are several grounds on which they can refuse to disclose information in response to an SAR.

If they are in negotiation with you, they can withhold any records of their intentions in the negotiations. So, for example, if you are negotiating a pay rise, they don't have to disclose any document setting out the maximum they are willing to offer.

They do not have to disclose confidential references.

They do not have to disclose information that relates to someone else as well as you unless the other person has consented to the disclosure or it would be reasonable to disclose the information without their consent.

There are other grounds, but these are the ones most likely to crop up in an SAR to your employer. They have to disclose everything that doesn't fall under any of the exemptions.

I can't see any legitimate reason for refusing to disclose the information your manager has added to your file (assuming he has actually done so). On the information you have given, it does not appear to fall under any of the exemptions.