Employer lost my personal file

Chocchip2021

Hi , I'm new here so apologies in advance if I've posted this in the wrong place.

Long story short - I made a complaint against a supervisor for S harassment and bullying , I wrote two statements myself and had a further five witness statements that verified what I said , also CCTV evidence. The person in question resigned soon after being faced with everything.

That was 2019 and last week he was employed by the company and welcomed back. When I found out I spoke to someone and was left waiting a week to get answers as to why he's been allowed back.

I got told today everything regarding this matter has been lost , there's now no evidence , nothing to back me up , it's all gone. They said normally something like this would stay on a person's file for 7 years so it's a mystery why it's now vanished.

Even though I said at the time I wouldn't take it further I'm starting to think someone has deliberately destroyed everything to avoid any unwanted attention on the company.

elsien

Is there a question here?

Do you not have your own copies of the paperwork and the outcome of the complaint? 

Chocchip2021

Hi , yes I'm sorry.

My question was what can I do now ?? What options do I have ??

No , I wasn't given any copies of anything. I had never had to deal with anything like this and was naive in thinking the company was dealing with everything and doing right by me. 

Thrugelmir

Chocchip2021 said:

My question was what can I do now ?? What options do I have ??

Have they harassed or bullied you since returning to the organisation? 

Chocchip2021

Hi 

No , we haven't seen eachother. My contract is Mon - Fri , his is sat - sun .... However I've always worked weekends and before I knew he was back I agreed overtime with my manager for Saturday's from then until further notice. I've since cancelled all of it because I don't feel comfortable to be in the same building as him.

oh_really

My concern is whether sensitive data has gone missing and how they intend addressing the situation.

I would be seeking much more information with a view to prosecuting a grievance.

I'd also make it known to their data controller that they are in the firing line as well.

Peter999_2

In my experience these sort of documents/CCTV just go missing - it's usually when a "friend" of the accused has helped them disappear.

74jax

I would be looking at filing a data breach. 

Marcon

Chocchip2021 said:

Hi , yes I'm sorry.

My question was what can I do now ?? What options do I have ??

No , I wasn't given any copies of anything. I had never had to deal with anything like this and was naive in thinking the company was dealing with everything and doing right by me. 

You'll get plenty of answers on here based on googling, guesswork and/or a suggestion that you implement the full might of whatever law may (and sometimes may not) apply.

Before doing anything more, think what you want the outcome to be. If data has been deleted, or you're told it has been, exactly what good will it do reporting this as a data breach? Will it resolve the problem you now have, or put your own job in jeopardy?

Chocchip2021 said:

That was 2019 and last week he was employed by the company and welcomed back. When I found out I spoke to someone and was left waiting a week to get answers as to why he's been allowed back.

They clearly want him back - possibly more than they want to keep you, so bear that in mind when deciding what you'll do next.

[Deleted User]

Apart from filing a data breach, I would call ACAS for advice...this is serious. It doesn't matter whether or not they've bullied/harassed you since their return, you need to get some advice on this, and ACAS should help.

LittleVoice

So it's not just your file (subject thread title), or rather part of it, but also his.   Were no copies of the five witness statements kept by any of the witnesses?  What is the file retention period for staff files (should be in data protection policy)?