Employment tribunal proceedings—data protection issues
Employment tribunal proceedings—data protection issues

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Employment tribunal proceedings—data protection issues
  • Reasons for processing personal data before and during employment tribunal proceedings
  • Disclosure and inspection
  • Witness statements
  • Processing by employer, employee and legal advisers
  • Processing by employee—personal or household activity?
  • Data protection principles
  • Personal data—lawful processing conditions
  • When is processing ‘necessary’?
  • Anonymisation, pseudonymisation and redaction
  • More...

Employment tribunal proceedings—data protection issues

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until further notice are operating in accordance with the Presidential guidance and directions now issued, which profoundly affect normal practice. See Practice Note: Operation of employment tribunals during the coronavirus (COVID-19) pandemic for full information.

From IP completion day (11pm on 31 December 2020), Regulation (EU) 2016/679, General Data Protection Regulation (GDPR) is retained EU law (see Practice Note: Brexit and IP completion day—implications for employment lawyers—Retained EU law) and known as UK GDPR. Together with the parts of the Data Protection Act 2018 (DPA 2018) that relate to general personal data processing, powers of the Information Commissioner and sanctions and enforcement, as amended, this makes up the UK GDPR regime. The GDPR as it continues to apply in the EU is known as EU GDPR.

This material considers the UK GDPR regime, and legislative links are to Retained Regulation (EU) 2016/679, UK GDPR, except where expressly stated otherwise.

For a more detailed introduction to the UK GDPR generally, see Practice Notes: The UK General Data Protection Regulation (UK GDPR) and The UK General Data Protection Regulation (UK GDPR)—Navigator.

During the process of preparing for and dealing with employment tribunal proceedings, employers will need to process, ie collect, organise, use and disclose,

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