Q&As

Is an employee's manager required to share personal information, ie mental health conditions, to a prospective new manager if that employee is transferring to a different team within the same company? If the former manager did not share the information and issues arose in the new team, would the new manager be deemed to have knowledge of the disability?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 01/09/2020

The following Employment Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Is an employee's manager required to share personal information, ie mental health conditions, to a prospective new manager if that employee is transferring to a different team within the same company? If the former manager did not share the information and issues arose in the new team, would the new manager be deemed to have knowledge of the disability?

Information relating to an employee's health, including their mental health, is special category data under Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA 2018). The employer will therefore need to ensure that it is processed lawfully, which means (among other things) ensuring that:

  1. the data protection principles are complied with

  2. there is a lawful condition for processing under Article 6(1) of Regulation (EU) 2016/679, GDPR and a specific condition for processing under Article 9(2) of Regulation (EU) 2016/679, GDPR

  3. subject to any exemptions, the individual’s rights as a data subject are satisfied

For further information, see Practice Notes:

  1. Employee health information—data protection issues

  2. The UK GDPR and DPA 2018: key data protection issues for employment lawyers

  3. The UK GDPR and DPA 2018: lawful processing of persona

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