SAR Request - Queries

2»

Comments

  • Guest101
    Guest101 Posts: 15,764 Forumite
    newbieboy wrote: »
    Hello,

    So I am happy to take advice, otherwise I wouldn't be here.. I have also taken advice from a number of other sources, including friendly lawyers who have also said it is worth pursuing. - You do not have employment rights, so what on earth are you claiming for?!

    With regards to evidence - yes, i have plenty - the point in the SAR was merely to gain further evidence of their actions. I did highlight in post one I had evidence in email form, I also have further evidence in forms etc submitted. With regards to the emails, i know they exist as i have seen them - I just wasn't CC'd/Bcc'd into them so don't have them to hand. - And you don't own them, you could not have them. That information is not yours
    Implying that I have no evidence because no action was taken is logical but wrong. No action is taken because certain members of staff (who have had significant levels of complaints filled against them both from staff internally, and third party sub-contractors) have been protected by certain senior staff members. However those seniors have recently (~2 weeks) moved on. - How is that relevant?

    Worth noting, this company has a number of lawsuits against them for similar things, all of which they have lost or settled recently, and the majority have come from our office. - Excellent, what for, what were the settlement amounts?

    Regarding substantiating allegations, i get that, however the point is they made an allegation which they then "substantiated" with fake evidence to make it stick. Something that i can prove they have done, and something they have already been reprimanded for by seniors (but are refusing to budge on).

    My new job are aware of the current situation, another senior employee left very quickly after joining and we have had an open discussion with them and the CEO about the situation. They have been very accepting and their CEOs response was - sue! The current company is well known for their behaviour in the community I work in, most other companies hate them and the number of staff flooding out the front door highlights that the staff hate working there.


    Frankly the rest is irrelevant. What is it you are going to sue for??


    You worked there for less than a year, you aren't entitled to anything.
  • sangie595
    sangie595 Posts: 6,092 Forumite
    Guest101 wrote: »
    What is it you are going to sue for??
    .
    You may as well give it up. The OP isn't going to listen, and there is not much point continuing to tell them that there is no case they can take against the employer because they don't have the required service. You can come round mine and watch paint dry if you like....
  • Well yes, breach of contract for not following their contractual disciplinary process.. which has no minimum time served requirement.
  • Undervalued
    Undervalued Posts: 8,840 Forumite
    First Anniversary Name Dropper First Post
    newbieboy wrote: »
    Well yes, breach of contract for not following their contractual disciplinary process.. which has no minimum time served requirement.

    Yes but the maximum you will get out of that (assuming you actually win of course) is a few days pay to compensate for however long it would have taken to do it properly!

    Also, it is quite rare for a disciplinary process to be contractual so you would need to be very sure it actually was.
  • ceh209
    ceh209 Posts: 876 Forumite
    First Anniversary Name Dropper First Post
    Hi, I'm not going to comment on your individual situation, however I received data protection training from my employer which included some information about SARs.

    My employer (I'm not saying all are the same) is of the opinion that a SAR can cover emails where you are (to quote the phrase they used) 'substantially the subject' of the email.

    A SAR can also cover instant messages, if that's relevant/helpful to know for your situation.
    Excuse any mis-spelt replies, there's probably a cat sat on the keyboard
  • sangie595
    sangie595 Posts: 6,092 Forumite
    ceh209 wrote: »
    Hi, I'm not going to comment on your individual situation, however I received data protection training from my employer which included some information about SARs.

    My employer (I'm not saying all are the same) is of the opinion that a SAR can cover emails where you are (to quote the phrase they used) 'substantially the subject' of the email.

    A SAR can also cover instant messages, if that's relevant/helpful to know for your situation.

    Yes it can. But it can't make an employer give you a copy of an email that "doesn't exist". This is a case of seeing not being believing - the OP may have seen them, but they do not physically possess them. So when the employer says that they do not exist, how will the OP proceed? Not that there will be anything to proceed with.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343K Banking & Borrowing
  • 250K Reduce Debt & Boost Income
  • 449.6K Spending & Discounts
  • 235.1K Work, Benefits & Business
  • 607.7K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards