You are right, I am super confused as I’ve just double checked and it is clearly displayed (to me at least!) as in “Legal issues subforum> Data protection and default issues” is there some kind of issue with the forum? either way I am asking about any action we can take against the ex-employer accessing personal information.

It doesn’t have anything to do with the tribunal case. That’s why I’ve raised it as a separate discussion on data protection, and not in a thread about tribunal, it was merely mentioned as background to the data protection breach, and how he found out they had obtained his data

1) we are not worried about this, as stated it wasn’t their customer in the first place, it more the reason they gave for obtaining the data. 2) not sure you understood the first post, brother in law purchased items from plumbers merchants, ex employer found out he had used the same plumber merchants as them and approached them , the plumbers merchants then gave the ex employer access to invoices between the plumbers merchants and bother in law (with the delivery address on for the third party on). therefore the plumbers merchants disclosed his personal data to ex-employers without his consent.

There is no offence, but there is often a contractual clause banning this, which may (I assume) affect any tribunal if it could be shown that the employee was attempting to damage their former employers business by taking customers.

Yes, sorry my mistake, the ex-employers solicitors sent it to us. he was not a union member (he will be in future!) , so the mother in law is running this, though she has an friendly HR-Director (who has tribunal experience) reviewing her documents on that side. But this data breach has just come up! The work covered by the invoice is actually for a family member so it’s not even taking customers from the ex-employer, and yes they were sent as part of the tribunal claim (I understand it’s not scheduled for a few months). in terms of the tribunal, he found out that all of a sudden they were docking his pay for breaks (their booking system for jobs effectively never gave them time for lunch breaks, but those hours were always accepted as overtime claims previously), and his hourly wage was reduced. There was no confirmation verbal or written agreement to show any changes in contract

This is on behalf of my brother in law, a plumber. He is currently taking his ex employer to tribunal (after they reduced his wages without telling him, and change of contract over hours). As such he left the company and started working privately. His ex-employer found out that he was using the same plumbers merchants as them and somehow persuaded them to provide them with copies of his invoices (that he has made himself since leaving). We assume they were trying to find evidence that he was 'stealing customers'. He only found this out after the ex-employees solicitors sent a photo of these invoices to him as part of the bundle! (they took a photograph of the invoices on the plumbing merchants desk (the photo itself also had the date and time on it!) I am automatically assuming that the plumbers merchant in question is in breach of the data protection act, I am also assuming, but would like clarity that the ex-employer is also in breach, not sure if the solicitor is also as they were not aware of how it was obtained, although it has since been pointed out to them. I should also add that I am not 100% sure if the customers details were on the invoice ( as they would have been delivered to their location). It should also be noted that he also requested a Subject Access Request (in order help track his time sheets for the last year (they were not given duplicates)| and to find out how/ who authorised the change to his salary). The Ex-employer stated he was unable to supply this in the standard time period and also missed the extended three month period, and I believe a complaint was made under GDPR about this, don't think anything was done though). Any thoughts on this.

Hi thanks for that, yes I have received their ET3, they are now claiming in the period after my probation extenson that they conducted lots of informal meetings, with no notes! Have just written to their solicitors reminding them of the act, clearly this can be another thing to bring up in the Tribunal, especially if they refer to any other documents.

Just got my data subject request back, and well.....they have not given me much. I requested information that provided an opinion on myself They have given me all my own e-mails, but not a single other e-mail relating to me. There is absolutely no performance reviews in this. Nothing, other than my contract, letters sent between the company and my self, or signed by myself (EG bank numbers etc). My CV, and a parking ticket. They said some info was removed for legal privilege, but surely hats missing an awful lot!?

Hi Thanks for your hard work, looks like what they are stating is pretty standard (I can ask to see the references they received about me, but not ones they send to others!), though I may wish to restate the point about generic communications, and e-mails that related to my own performance. thanks

I've just put in a data protection act request to my ex employers (who'm I am taking to a tribunal). I've received a reply stating that they require £10 etc, and also state a number of exclusions, whilst some make perfect sense, it may be possible they are using this to withold information, can you advise on if the following are acceptable: a) Personal data does not necessarily include every document or e-mail held by us that references you (seems reasonable but clearly there are limits on this) b) personal data does not include generic notes or e-mails on such matters as health, age, race performance etc (surely this is the whole point?) c) personal data does not include documents relating to other employers .....we will redact or delete their particulars before forwarding (seems reasonable) also further exclusions: a: confidential references given by us for employment purposes (if they are stating comments on me, then surely I am able to get this?) b: has been processed in connectionw ith our management forecasting or planning disclosure of which we consider would prejudice our business c: consists of records of intentions in relation to negotiations between us and you, disclosure of which we consider would be likely to prejudice these negotiations. (when does this information cross the line?) d: that is subject to legal professional privilege: or e: that relates to a third party from whom we do not have consent to disclose the documentation Many thanks

Hi! Many thanks for the advice above, I sent in my appeal letter in last month, outlining what had happened and also their disciplinary process (and how they missed the relevant steps), and that my rights changed after a year. They have clearly missed the point, and said that they reviewed my performance prior to the one year, but 'there was some delay in conducting a review meeting' (although they did not even invite me to a meeting until after the one year period) with myself, but that does not change their decision. They have arranged an appeal hearing which I am unable to attend (I booked the time off in early Feb, and so will request a change in date). I would appreciate some feedback and advice on this, and also as they also state that I am "required to remain on garden leave throughout this process", however, they state that 'lodging an appeal will not delay your dismissal taking effect but if you are sebsequently reinstated, any lost pay will be reimbursed. (so they are expecting me to remain unpaid on gardening leave (as my notice period is up) until after the appeal?), which will inhibit me from gaining employment surely?

Well, worst fears were realised, invited into my line managers office with head of HR, sat down and informed I was not being kept on, as I was not 'controlling customers' enough when I was with the sales team, I can of course appeal, which is pretty pointless really I guess. However, I was given no feedback, or even another one to one with my manager since Octobe, as I understand it, they have to show how they have worked with you to improve the situation.

Hi, I've been with my company just over a year now (about a week over). However, my probation has not offically been signed off. My contract stated that my probation was three months, but received a letter stating six (the contract stated it overuled all other agreements) which also promised a pay 'review'. I had regular one to one meetings with my manager, and was told all was fine, asking specifically what the company thought of my progrees at three months (very happy was the answer) At six months I pointedly asked what the probation review procedure was, or "if I am still here, does that mean I passed", and was told 'yes, it was fine'. I asked about salary review, and was told it would be organised, a month later, I asked again ('just need a couple of signatures'), and another month later (8months) was told my probation had been extended, and would be reviewed two months later. That was my last one to one meeting, eight weeks later I received a letter reafirmiing the probation review (the letter refered to a meeting 'two weeks ago', but was a six weeks out!). However, the review was now to happen at 11months (having not had any meetings since 8 months) This never happened, and I have now been with the company for over 12months. I have just been invited to a meeting with the head of HR (I only know the HR manager will be present as I saw my line managers online diary), I was simply asked to attend 'a meeting', I requested an agenda etc, but no reply was received. Maybe I am just being paranoid about this... I understand, having been in employment for over a year, my rights have changed, but would appreciate any advice on my situation.

Hi new here too, got a private parking ticket for non pay and display,and finding out for the first time what a [problem] it is!