Ex-Employer - SAR and the ICO

lbruk

Hi all,

I received my reply from the ICO saying that my previous employer was "unlikely to have complied with the DPA due to them not supplying the information requested within the 40 day statutory period." also that the amount of time they took to request the fee, was excessive.

When I requested my details, they had no clue what I was requesting. They sent me my "personnel file" when I queried this (I had worked there for 16 years so it was quite substantial!) and told them it was everything that they had on me, I received another package with some other bits. But I am still convinced that there are other documents that I do not have.

With the ICO coming down on my side I am contemplating my next steps. Is it:

I send my ex employer a letter again requesting the information and requesting compensation?
Or
Go straight to the small claims court seeking damages and distress caused?

There is conflicting information to do one or the other and just looking for some advice

Thanks

Uncertain

To offer any useful advice we really need some idea of why you want this information. Obviously you have a right to it (subject to a maximum £10 fee) but there is presumably more to it.

The problem is it is normally very hard to prove what, if anything, is being withheld and whether this is due to incompetence or dishonesty.

For the most part the ICO is a bit of a toothless tiger in this respect. Unless you can come up with proper proof that the firm are deliberately flouting the regulations for their own advantage it is hard to see more than the most minor slap on the wrist happening.

Equally, I can't see that a small claims court action will get very far. You would need to show that, on the balance of probabilities, the firm had deliberately withheld information and that you had suffered a quantifiable loss as a result. Can you?

lbruk

well, i have so much informtaion it is stupid!!

i'll try to keep this a brief as possible:

1) I requested my SAR towards the end of June 2010
2) 18 days later i received a letter requesting clarification and the £10 fee. which i sent the next day.
3) I received a large package with what they referred to as my documents
4) i checked through and there were documents missing so i sent a letter saying what they were and what was missing.
5) i received a reply saying that they had copied my "personnel file" and as those documents did not form part of that - they were omitted
6) i wrote back saying they needed to check their responsibilities under the DPA as they had to be disclosed
7) another package turned up with the "missing" documents
8) there were still no investigation records from a Loss Prevention investigation from a few years ago.
9) during the grievance and grievance appeal i brought up the fact that i didnt have these records.
10) In september i reported them to the ICO
11) Jan 2012, received a reply to the ICO investigation that it was "unlikely that they had complied with the DPA due to not disclosing all the information within the statutory 40 days"

i have filed am ET1 and am expecting to go to tribunal in 2-3 months for disability discrimination and constructive dismissal as i resigned after being discharged from the Priory Hospital after being signed off for depression and anxiety. My employer refused to pay my sick pay (i had worked there for 16 years) and upheld that decision on appeal. They are a large multinational retailer.

probably too much info? :A

ohreally

I would also request all e-mail correspondence that refers to you, including e-mails stored on a back-up system, in addition to the files they have sent.

Folks often lose sight of subject access to e-mails and those can be quite enlightening.

lbruk

they have sent me some emails, what i am more interested is where to take this next. do i write to them again asking for the documents, or just go to court with what i have?

ohreally

To clarify - point 11 was a year ago, is this correct? What has happened since then and now and when did you resign?

Uncertain

In haste....

Would it not be best to ask the tribunal to order the disclosure of the documents you want?

lbruk

I resigned in July last year, within that time i have filed my ET1 and have a new job.
Ive attended both Grievance and Grievance appeal meetings and been to the CAB and solicitors as well, although i haven't got a solicitor to act for me, i just went for some advice.

i could ask the tribunal, but it doesn't have any bearing on the case i have lodged for the disability discrimination and constructive dismissal.

no apologies that should have been 2012

agrinnall

I would remove the name of your ex-employer from post #3.

Uncertain

agrinnall wrote: »

I would remove the name of your ex-employer from post #3.

I don't see a name, only "large multinational retailer". I don't think s/he worked for Priory Hospital!

lbruk

Yeah, it's the Priory Hospital ;-) that I was in :-) I didn't work for them.