Do DNRs, Employee Files and Such Get Passed Over?

[whhistle]

When a franchise changes, do files of old employees get passed over to the new company?
Say if someone leaves, retires, gets sacked.
Or if someone had a disciplinary for something, or a warning letter?
What about recruitment things, like how many times someone has applied for a job - will all this be reset at the franchise start if a new company takes over?

 

[185]

Certain things should be held by Network Rail - safety critical staff data can be held for 5 years from a serious incident / accident / offence.

That said, I do wonder how data regulations would affect Company X handing your data to Company Y. In addition, data on persons can only be held for a certain length of time, possibly six months so beyond that any storage of the data without renewing consent could risk prosecution. That said, proving they i) have it, and are actively ii) using it is much harder.

I do know of one situation where a HR department slipped up, and during a recorded investigation meeting made reference to a non-Safety Critical incident four years earlier at a different operator, however things were quickly hushed up when HR realised their mistake - the investigation was quickly terminated with NFA.

 

[OpsWeb]

Everything gets passed over in the case of a franchise change as staff are just TUPE'd across. If you apply to a completely different TOC/FOC - you fill in a "Transfer of Safety Critical Information" form and your old employer countersigns it to say it's correct and that goes with you to your new employer (if successful).

I think "technically" a new TOC can request your old safety file (as you sign the Transfer of Safety Critical Information form to say you are happy with this), but in reality it seldom happens as there is no need. Disciplinary records don't normally move to new employers except in the franchise changeover.