Can I get copies of my past Performance Appraisals from ex-employer?

[walmer3]

Just wondering where I stand before I contact my former HR department, would be grateful if anyone knows. I was recently made redundant with a compromise agreement part of the settlement. So my employer has already agreed wording of a reference. But if possible I would like to have copies of my performance appraisals which show that there was no problem with any aspect of my performance during my time with the company. While I don't mind asking in the first place, I have a feeling the HR department won't do anything unless they are legally obliged to so it would be nice to know if there's any legal obligation to provide them if I request them? Thanks in advance for any comments.

I am fairly sure you have the right under the data protection act.

Some companies are very reluctant to hand over personnel records without court insistence however, so it might not be as straightforward as it sounds. Saying that, if there is nothing inflammatory on the records and it is a reasonably large company I cannot imagine them having too much of an issue in handing them over so just ask politely by letter and see what they say..

You can make a subject access request under the Data Protection Act, however if the employer isn't feeling helpful it can take up to 40 days I think and they can charge you an 'admin' fee.

They will know perfectly well they will have to comply though, so if you write stating you are making a subject access request under the DP Act 1998 and just ask for that one document rather than absolutely everything on you, they should send it out.

What are you going to do with it though? If there is a reference agreed presumably you are happy with it, and it doesn't imply performance problems? I can't imagine any potential new employer is going to want to see an old appraisal as 'proof' that there were no issues, if that's what you are thinking of doing. I'd be inclined to raise my eyebrow a little if a potential employee volunteered that tbh, and wonder what the issue was.

we're always given a copy and they keep a copy
didn't they give you yours at the time?

Good point Lucy, that hadn't occurred to me! OP did you not get a copy at the time?

Umm...yes, I did get copies, but didn't necessarily think about the long term significance of keeping them after a year or so. oops. But flowery you do make a good point, perhaps I am 'protesting too much' if reeling out old appraisal forms on top of a reference. Thanks everyone for your input.