References & Employee Records

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Please find the following policies regarding references given to Tesco employees should they leave the Company. I have also included the policy regarding employee records.

POLICIES FOR OUR PEOPLE 1.5

GIVING REFERENCES

Standard Leavers

If a new employer requests a reference from a leaver, our Pay and Benefits department will supply a reference automatically.

Employees who left during Disciplinary Action

The same procedure will apply, although the reference supplied will cover basic facts only.
Personal References All reference requests should be sent to Pay and Benefits. If, however, a manager feels strongly about supplying a reference for an individual, he/she can do so, but should be clear that this can be done only as a personal reference. It can not be done on Tesco headed paper, and the wording should indicate that this is a personal reference and does not come on behalf of Tesco.

Giving References for Contractors

If a manager wishes to give someone who has worked as a contractor a reference, please note this should be provided as a personal reference as described above.

Redundant Employees

These employees should be supplied with a reference immediately, to help them find alternative employment speedily. As soon as they are made aware of their redundancy, Personnel Managers can provide them with a standard reference letter.

REQUESTS FOR OTHER TYPES OF REFERENCE

Our Pay and Benefits department are also responsible for supplying information in response to other reference requests, such as salary confirmation for mortgages/insurance policies, or address queries. If you are asked to supply information, you should always refer them to the Pay and Benefits team.

WHAT THE LAW SAYS

It is desirable to offer jobs only on condition that satisfactory references are obtained. In this way, if the references prove to be unsatisfactory, the offer of employment can be withdrawn without the employer being in breach of contract.

Although nobody can be required to provide references, referees are under a legal obligation to use due care when compiling references to ensure that they are based on accurate information.

Some employers do not give written references, or give only non-committal replies, which do not always provide adequate information. Such employers may be prepared to provide more meaningful references over the telephone so a telephone questionnaire can be used with relevant questions.

All information provided should be treated as con?dential. However, under the Data Protection Act (Section 7), we are required to show an employee a reference we've received for them, if they ask us to do so. They must put the request in writing, and we must comply within 40 days of the request. We must remove the name of the person/company who has supplied the reference, before showing the employee.

ADDENDUM

STAFF HANDBOOK

Reference for leavers

To ensure references for former employees are fair and protected from personal bias, they are produced centrally. Your manager can provide you with a personal reference if you wish, but remember it cannot be used to represent the company.

Give your future employer the following details, so that we can provide references promptly:

People Administration Department (references)
Tesco Stores Ltd
PO Box 506
Cardiff
CF14 4TS

If you require the company to complete the form for you, for example, a reference for a mortgage, a loan, housing benefit forms, legal aid forms, council forms and court orders, please also quote the above address. This is not an exhaustive list so please speak to your Personnel Manager for further advice.

If you have any further queries once you have sent your form to the above address for completion either email hsc.bcc@uk.tesco.com or call 01992 808 222 for further assistance.



POLICIES FOR OUR PEOPLE 5.2

EMPLOYEE RECORDS

OUR APPROACH

During the course of employment, we naturally accumulate a range of personal data about our employees. Some of it is legally essential in order to record the details of the employment contract and to defend Tesco against any legal challenges. Some of it is only relevant for a period of time after which it ceases to have value.

We want to ensure that our people, past, present and future are safeguarded against the possible misuse of and unauthorised access to any personal con?dential information that we keep on them whether held on computer or in a manual record file.

To do this, we rely on managers and Personnel Administration employees who use or have access to personal data to ensure that it is:

   - kept for a valid reason;
   - accurate;
   - up—to-date;
   - kept confidential.

Our commitment is to achieve me following:

   - All records and correspondence relating to employees will be filed securely;
   - Access to employee records is restricted to the appropriate Personnel
     Manager/Line Manager and clerical support only;
   - Personnel Managers will follow a set procedure when removing employee records
     for information;
   - When employees transfer, their records will be fonuarded to the appropriate
     Personnel Manager;
   - We will ensure that the same degree of security and con?dentiality is maintained 
     where employee records have been released.
   - Employee Personal Files and Training Records will be filed for a minimum of 6
     years after the employee has left the Company. This is to protect against personal
     injury claims.
   - Application forms from unsuccessful applicants should be held for a maximum of
     6 months.
   - Right to live and work in the UK documentation must be stored in the employee's
     personal file and not in a generic right to work ?le.

Content of Personal Files

All employees should have a personnel ?le once they start working for Tesco. As a minimum, the following items should be filed:

- Offer letter
- Terms and conditions of employment
- Evidence of right to work checks carried out with copies of the relevant documentation
- Application form
- Interview notes
- Absence records
- Contract change documents (including new letters, payroll changes. contracts)
- Disciplinary and grievance records
- All training records
- Any opt-out forms regarding Sunday working and the Working Time Regulations
- Young Workers' Working Time Regulations form
- Child's Work Permit and Child Safety letter if appropriate.

It is important that individuals inform us as soon as possible of any change to their personal details

The Data Protection Act provides that, generally employers will require the specific consent of the employee before processing "sensitive personal data" which includes details of the employee's racial or ethnic origins, religious or other beliefs, political views, trade union membership, criminal convictions, mental or physical health. Such information may not be placed on file without the specific consent of the employee. The only exception is when the processing of the data is necessary for the purpose of performing an obligation in connection with employment, which is imposed by law by the data controller.

What does this mean for us?

Employees have the right to have access to the personal data that we hold about them, such as their personal ?les. Most of our documentation is already accessible to our employees, and in most instances the employee will already have received a copy. e.g. Statement of Terms and Conditions; counselling letters; disciplinary forms and notes; appeals and grievances. in the case of any sensitive data, such as absence interviews, we must inform the employee that this information will be kept on their file and what it will be used for.

Disciplinary records:

There is no legal obligation to remove expired disciplinary records from employee ?les, but we must not consider such expired records 'formally', for any new disciplinary purposes i.e. escalating the penalty to the next level in procedural misconduct/capability.

Why do we need to keep disciplinary records?

The reason for keeping such information should be for the purpose of 'considering an employee's disciplinary history, all other factors being equal, to form a backdrop for decision making, in the event of a genuine redundancy situation.

If an employee is unhappy with any data that is held about them then they may raise the issue through our normal grievance procedures.

What is not included?

Employees will not have a right to see confidential references that we send or have access to succession plans. However, we are obliged to disclose references that we receive provided the writer of the reference cannot be identified.

Disclosure requests:

This refers to requests for information about individual workers that come from outside the business. We have a responsibility to our workers to be cautious in responding to such requests as we could risk breaching the Data Protection Act if we don't take sufficient care to ensure the interests of our workers are safeguarded.

In some cases where there is a legal obligation to disclose information we have no choice but to respond e.g. Social Security & Police requests, as well as other Government bodies. However, it is still very important that we check the validity of any such request. Any request from a third party must be made under section 29 of the Data Protection Act, and the covering letter requesting the information should be made on letter headed paper. The Police have a standard section 29 (3) application form, which would usually be signed off by the officer requesting the information and countersigned by a constable or Detective Chief inspector.

We remain liable for the release of this information, therefore we must be entirely satisfied with the basis on which we are supplying it.

WHAT THE LAW SAYS

The Data Protection Act is designed to regulate personal information whether held on-computer or in a manual system. The Act imposes specific duties on employers and gives certain rights to the employee such as the right to claim compensation for damages caused by loss or unauthorised disclosure of personal data.

All employees have the right to be informed and have access to what personal data is held on them and to be supplied with a copy of this information. The data only has to be supplied if it is requested, and the request should be in writing. Employers have 40 days in which to respond, and employers may impose a charge on employees.