Privacy and Staff Appraisals

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Privacy and Staff Appraisals

What is a staff appraisal?

A staff appraisal is a formal meeting between an employee and their manager to review how well someone has been doing their job over a set period. Many organisations hold appraisals once a year, though some prefer every six months. Others have moved towards more frequent check-ins as part of ongoing performance management.

These meetings serve several purposes. They allow both parties to look back at previously agreed targets and discuss whether they have been met. They also provide space to set new goals for the coming period. Ideally, the meeting provides an opportunity for both parties to raise concerns or ask questions about the working relationship.

Because appraisals involve detailed discussions about someone's work, conduct and sometimes personal circumstances, the records created during this process can be sensitive. It falls to employers to manage and protect these records properly.

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Types of staff appraisal

There are several common formats for workplace appraisals:

  • Standard appraisals: a manager meets with an employee to discuss their performance directly
  • 360 degree appraisals: feedback is gathered from multiple sources, which may include colleagues, other managers and the employee themselves, giving a broader picture of someone's contribution
  • Self assessment appraisals: the employee provides their own evaluation of their work before or during the meeting
  • Probationary reviews: these take place during an employee's probation period to assess whether they are suited to the role
  • Continuous feedback: some workplaces now use ongoing appraisal systems with regular informal reviews rather than a single annual meeting

Each type generates personal information about the employee. The format your employer uses will often depend on the size of the organisation, the nature of your role, and whether teams work remotely or in person.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

What gets recorded and how

Appraisals are usually held in private, but the conversation itself is rarely transcribed word for word. Instead, most employers use a standard form to capture the main points. This form gives the meeting a clear structure and allows managers to compare progress across different team members over time.

Forms can be completed in different ways. Some managers fill them in before the meeting based on their observations and any targets previously agreed. Others prefer to complete the form during or after the discussion, reflecting what was said in the meeting itself. Either approach is acceptable, though the timing can affect how the conversation flows.

The information recorded will often include ratings or comments on specific areas of performance, agreed objectives for the next period, and any training or support the employee might need. Some forms also include space for the employee to add their own comments or to note any disagreements with the manager's assessment.

Privacy and data protection

Appraisal records are classed as personal data under UK data protection law. This means employers must handle them in line with the UK General Data Protection Regulation and the Data Protection Act 2018. In practice, this requires organisations to store appraisal records securely, limit who can access them, and keep them only for as long as necessary.

Employees have the right to request copies of their own appraisal records through a subject access request. Employers must usually respond within one month, though this can be extended by a further two months if the request is complex or if multiple requests have been made. If you believe your records have been handled improperly or shared without good reason, you can raise a complaint with your employer in the first instance. If that does not resolve the matter, you may contact the Information Commissioner's Office, which oversees data protection in the UK.

It is worth noting that comments made during an appraisal and recorded on the form may later be seen by the employee. This tends to encourage fair and measured feedback.

For guidance on your rights regarding personal data at work, GOV.UK provides information on data protection and the ICO website offers detailed advice for both employees and employers.

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Ask Employee Privacy Rights a Question
Lizzy 28/01/2023 at 9:49 pm
During my probationary period with a company, my line manager was discussing our 1-1 review meetings with another colleague not in HR or senior management (someone in a similar role to me but reported to a different manager). I'm considering making a complaint, but not sure if I have any grounds to do so and where I may find more information about this?
Angie 15/01/2021 at 1:23 am
After an appraisal, a staff member has requested for what they need to do to improve there performance in writting even though they received a copy of the appraisal meeting notes, does employer have to do this or can they say no as they have the appraisal notes?
David 05/02/2020 at 10:07 pm
Can my employer stop me from discussing my appraisal with my colleagues? They have threatened disciplinary action against us if we do.
Cotty 15/11/2019 at 3:21 pm
Can I request a copy of my appraisal while I am off work on sick leave?
Does an employer refuse to provide me with my appraisal write up until my return?
EmployeePrivacyRights Editor 22/03/2018 at 3:11 pm
You would have to speak to your supervisor directly regarding this matter.
HRhelp18 20/03/2018 at 4:17 pm
So my supervisor did appraisals for everyone and I thought these were confidential.

Then she asked one of my team members to photocopy them all meaning she saw all of them...

This shouldn't happen? Am I correct and what can I do about it.
Topkat 12/04/2017 at 7:17 am
I supper from depression & my employers know I do ,been off 4 yrs ago for 6 months ..I have had my moments but you deal with it the best you can , I was in a warehouse then on my days off I moved to another warehouse which was freezing hat scarf gloves 8 layers on top 4 on the bottom with a 2 bar heater to heat a huge warehouse with doors open because of a mice problem ..anyway there is a very knowledgeable young lad there who I get on with but constant moan .he was mentally wearing you down like working with a volcano ?? never knowing when it would irupt. My manager knew what he was like others had reported his attitude .always moaning who spoke to me how long for carnt you stop the idiots coming in here etc .been doing the job for 9 years I have .you ok you having trouble you know what your doing , making everyone aware you made mistakes but if it was him nothing said ..my manager knew I was not keen then he said to separate him from another person he would be a table away from me , 4 days I had off and them 4 days Iit was playing on my mind , goes back into work told my manager I could not work with him so close and I was crying .he told store boss .i shall have words no worry ..I pleaded with him not to mention my name or drop it all together me thinking that's fine .. then after the chat with him my manager dropped the bomb shell I told him it was you because he asked who reported him I was in utter shock ..right good kick in the teeth by someone I trusted ..I told him via crying I was going home ,he pleaded with to stay come for a coffee blah blah blah ..x is fine with it his ok no malice to wards you but no mention of how I felt and my feeling ...I am currently on the sick ...was he right to tell x it was me knowing full well I suffered with the big d ...no MANGEMENTS as been in contact
Jamie 25/10/2016 at 9:19 am
I believe I have been the victim f a breach of employee confidentiality.
I was remarked to me by X that a manager he would not identify has discussed my conduct at work with him, a colleague.
This remark arose during an unhappy exchange at shift handover this evening after I had accused X of laziness last week.
X said "Anyway, a manager has told me he caught you using the internet in bld1 office, so I don't think you've call to say anything about me".
When I pressed him whom the manager was, he would not disclose their identity.
There are only two possible explanations for this.

One is that X was lying to make me worried about how I'm perceived by manager(s) in order to "score points" in our unhappy exchange.
I'm very unhappy about this possibility, as it means X has tried to use psychological means to manipulate me.

Two is that X was telling the truth to make me worried about how I'm perceived by manager(s) in order to "score points" in our unhappy exchange.
I am extremely unhappy about this possibility as it means;
A) The manager has discussed this with X, a member of the operations team. This is contrary to my rights as an employee that issues with my conduct at work are confidential between myself and members of the management team involved.
B) X has kept this discussion to himself, rather that notify you that this has occurred, as he should have.
C) X has chosen our unhappy exchange to use this as psychological means to manipulate me.

I can think of only one instance when I have used the internet for anything other that work related things (checking emails to see if dog walkers can do extra days to allow me to work over, looking on Fisher website for equipment, wikipedia for chemical properties, external email server to allow me to check work email without logging colleagues off when they are logged on) and on that occasion a manager did walk into bld1 office.
In the ensuing discussion with the manager I explained that I was well overdue for a break, not having been able to get one for four hours and was waiting for a crash distillation fraction to fill up so that I could take it and then go for my break. I had decided to take some of that break in the five or so minutes while the fraction filled up to look at the BBC News website and my subsequent break in the mess room was deducted that time.
The manager at the time appeared to accept that explanation and no further action was taken.

Has the manager breached my right to confidentiality by discussing this with X and has X acted wrongly in choosing to use this information against me rather than reporting it's disclosure to him?
Many Thanks in Advance,
Jamie.
Scott1987 24/10/2016 at 3:15 pm
I was recently asked by my line manager about a new member of staffs performance. I thought this would be held in confidence between me and my line manager as he also asked other people in my team for the same thing. Unfortunately this was not the case as my line manager told the member of staff what was said and he also said that it was me who reported to him. This could quite possibly make it difficult for me and the staff member in question to work together as it wasn't a very glowing report. Has my line manager breached the confidentiality between us and if so is there anything I can do to take this further?
EmployeePrivacyRights Editor 18/03/2015 at 10:20 am
@Needalawyer - As specified in the article; supervisors should have access to the current and previous forms of all workers below them, but not to others. I think you may need to speak to Acas with regards to these questions, so that you can get some direct advice. You can access its helpline via whichI hope this helps.
Needalawyer 15/03/2015 at 12:15 pm
A is responsible for appraisal of B, who is line manager of C. Unknown to B, A is having an active dialogue (including email correspondence) with C about B's performance, including A telling C in writing what A and A's colleagues will be doing to manage B. This dialogue is neither part of a 360 degree feedback process, nor has B consented to the discussion between A and C. It is not apparent that C has seen B's actual employment record or written appraisal.

This would seem to be a breach of B's privacy by A, following the principle set out above that "workers should have access to their own appraisals (although, to maintain privacy, not to each other’s)". It would also seem to be unethical for A to be discussing B's performance in this way...but what has A legally actually done wrong? What remedy might B have in this situation?Is there statutory guidance on this, or is this issue covered by case law?

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