SAR specifics

ranid96

I have requested a SAR from my previous employer but they've said my name alone produces too many items and have specifically stated that Teams and email messages that include my name is too broad. The refer to ICO guidance effectively stating that they don't have to do this as guidance suggests: 

“Data can contain references to an identifiable individual, or be linked to them, but not ‘relate to’ them as it is not about that individual but is about another topic entirely.”

Any suggestions on how to navigate this? They've asked for more specifics effectively but if they can control what they do/don't send, I doubt they'll choose anything that won't work in their favour at a tribunal (i.e. people talking ill of me behind my back to aid claim of bullying)

MattMattMattUK

ranid96 said:

I have requested a SAR from my previous employer but they've said my name alone produces too many items and have specifically stated that Teams and email messages that include my name is too broad. The refer to ICO guidance effectively stating that they don't have to do this as guidance suggests: 

“Data can contain references to an identifiable individual, or be linked to them, but not ‘relate to’ them as it is not about that individual but is about another topic entirely.”

Any suggestions on how to navigate this? They've asked for more specifics effectively but if they can control what they do/don't send, I doubt they'll choose anything that won't work in their favour at a tribunal (i.e. people talking ill of me behind my back to aid claim of bullying)

Your claim of bullying would not be supported by what people said about you "behind my back", but related to their words or actions towards you. The case would be judged on their actions, not private conversations. 

Hoenir

Narrowing the request to more manageable proportions would aid your cause.  Yes employers do have to provide everything. They can charge an administration fee though. As the time involved in locating and printing the documents costs them money. Fishing trips don't come free.

Savvy_Sue

I don't know how long you were there, but could limiting your request to a time period work?

And I don't know if this was a large or small employer, but could limiting it to emails from particular people to you or about you also help?

And a SAR won't cover what anyone said to or about you unless there was a reason to make a record at the time, so anything verbal, outside a formal meeting, just won't be there. If there were any formal grievance or disciplinary processes involving you, even if not fully completed when you left, I'd start there.

ranid96

Thanks everyone for your responses. ACAS have asked at this early stage what outcome I would be expecting. I said loss of pay during period of unemployment and maybe some compensation on top for stress caused by the unfair dismissal. 

However I've been told this is still too broad. What rough figure should I be looking at do you think?

Also, I've been told I can seek free legal advice to get this answer but not sure where to go for that, if anyone has any recommendations that would be greatly appreciated!

Undervalued

ranid96 said:

Thanks everyone for your responses. ACAS have asked at this early stage what outcome I would be expecting. I said loss of pay during period of unemployment and maybe some compensation on top for stress caused by the unfair dismissal. 

However I've been told this is still too broad. What rough figure should I be looking at do you think?

Also, I've been told I can seek free legal advice to get this answer but not sure where to go for that, if anyone has any recommendations that would be greatly appreciated!

In any civil claim you are expected to take reasonable steps to minimise your losses. Just because the other party is in the wrong doesn't mean you can run them up a big bill to teach them a lesson I'm afraid!

For example, during the "period of unemployment" were you making every effort to find some sort of paid income or did you choose to take a break? 

What saving did you have in commuting costs?

Compensation for stress in the UK is normally fairly minimal unless there is well documented evidence.

ranid96

I was seeking employment even before my dismissal as I could see what was happening. I landed a job about 5-6 weeks after dismissal 

Marcon

ranid96 said:

Thanks everyone for your responses. ACAS have asked at this early stage what outcome I would be expecting. I said loss of pay during period of unemployment and maybe some compensation on top for stress caused by the unfair dismissal. 

However I've been told this is still too broad. What rough figure should I be looking at do you think?

Also, I've been told I can seek free legal advice to get this answer but not sure where to go for that, if anyone has any recommendations that would be greatly appreciated!

It would be really helpful if, when posters say 'I have been told...' they could say where that 'advice' came from! A mate down the pub might not be as useful as (say) Citizens Advice or ACAS.

You need to quantify your losses (ie actual financial) and use that as the starting point.

Free legal advice doesn't mean your employer is going to pay up for you to put together your claim. Law clinics/centres are an excellent starting point for free advice eg https://www.lawclinic.org.uk/employment-law-resources Although this one is in Scotland, have a look at their website which is full of useful information. 

Savvy_Sue

I'd add to the above that no financial payment is likely to make up for the ADDITIONAL stress of taking this to tribunal.

5-6 weeks out of work is not going to equate to a huge payout, IMO far better to relieve your stress now and move on by any other means.

lincroft1710

Savvy_Sue said:

I'd add to the above that no financial payment is likely to make up for the ADDITIONAL stress of taking this to tribunal.

5-6 weeks out of work is not going to equate to a huge payout, IMO far better to relieve your stress now and move on by any other means.

Added to which, if you are successful, there could be more stress when the money fails to materialise

Nothanks

In terms of what amount to ask for - the tribunal service has a template schedule of loss. Citizen’s advice have a decent example 

https://www.citizensadvice.org.uk/work/employment-tribunal/employment-tribunals/making-a-tribunal-claim/preparing-a-schedule-of-loss-for-an-unfair-dismissal-claim/