Question:
We have received from the Ministry of Justice an Attachment order for Unpaid Fines for a staff member . We have no idea what the fines were for.
You advised that Child Support Payment notices should not be on the staff member’s file. I removed the Attachment Order form the Employee’s personal file on the basis that it does not have anything to do with his employment – but hang on – I don’t know what the unpaid fines were for. Maybe the fines were for something that an employer might have a legitimate reason to know about. But the fines may relate to for example unpaid speeding tickets (and therefore not relevant in the current employment situation) , or could be for something more serious that might be relevant.
Does the Employer have any right to ask the Employee for more information about the nature of an offence for which an Attachment Order has been imposed?
Answer:
Unless you have a clear clause in the employment agreement that states the employee has agreed to share any reason for an attachment order being presented to the employer and there is a valid reason that the employer would need to know (employees handles cash, has to have a clean credit rating for their job etc) then Yes it would be OK, otherwise No.
But you can always ask. If the employee wants to state why that is their choice.