Employer lost my personal file

Thrugelmir

Chocchip2021 said:

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.

So the employer has ensured that your normal shifts do not conflict. Nor do you know if the individual is under a strict probationary period. Why not sleeping dogs lie. As matters stand you appear intent on a personal vendetta rather than a constructive way forward. 

Chocchip2021

Hi ,

Obviously I'm not saying everything that happened so I can completely understand why you would think it's a personal vandetta just on what you've read. 
I've worked with the company many years and I've always taken overtime on Saturdays for as long as I can remember , we was not long back after lockdown and like always I make it known to a manager I'll be there for Saturday's , even though they would have known I like to have the verbal confirmation. 

Please also know throughout this in 2019 even though I had everything to back me up and it had a big impact on my personal life outside of work I was never difficult and remained loyal to the company on many occasions when I could have taken it further.

Marcon

LittleVoice said:

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)?

amazonian17 said:

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.

How would either step help OP to deal with their real concern: coming face to face with someone with whom they clearly had more than a 'bit of a run in'? 

The chances of this character being re-employed when absolutely nobody remembered that he'd resigned rather than face a disciplinary investigation must be close to zero, so he was 'knowingly' re-engaged. The company isn't going to sack him now because of something which happened several years ago and was never proven either way.

Reporting a data breach might have right on its side, but the employer can simply apologise and promise never, ever to do such a thing again (or claim they've just remembered they received a 'right to be forgotten' request and oops, everything was deleted from all the files). A one-off event like this won't result in anything more than a tap on the wrist for the employer, but could sully OP's relationship with the company.

OP, stick to what really matters to you: ensuring you don't have direct contact with the individual concerned and that your well-established work patterns are, as far as possible, continued. That's a conversation you need to have with your employer, not a complaint you need to make to a third party about data breaches.

Undervalued

Marcon said:

Reporting a data breach might have right on its side, but the employer can simply apologise and promise never, ever to do such a thing again (or claim they've just remembered they received a 'right to be forgotten' request and oops, everything was deleted from all the files). A one-off event like this won't result in anything more than a tap on the wrist for the employer, but could sully OP's relationship with the company.

OP, stick to what really matters to you: ensuring you don't have direct contact with the individual concerned and that your well-established work patterns are, as far as possible, continued. That's a conversation you need to have with your employer, not a complaint you need to make to a third party about data breaches.

Exactly.

I am afraid that realistically little happens in the vast majority of breaches of the GDPR (even assuming there actually was one). The Information Commissioner is simply not going to raid the company's office to look for files that they claim to have lost! Yes they have significant powers but they only have the resources to act in a few cases which will be far more significant than this.

ScorpiondeRooftrouser

Chocchip2021 said:

Hi ,

Obviously I'm not saying everything that happened so I can completely understand why you would think it's a personal vandetta just on what you've read. 
I've worked with the company many years and I've always taken overtime on Saturdays for as long as I can remember , we was not long back after lockdown and like always I make it known to a manager I'll be there for Saturday's , even though they would have known I like to have the verbal confirmation. 

Please also know throughout this in 2019 even though I had everything to back me up and it had a big impact on my personal life outside of work I was never difficult and remained loyal to the company on many occasions when I could have taken it further.

The problem with remaining loyal to "a company" is that when the people with immediate responsibility for you change, it all goes out of the window.