Subject access request employment tribunal

[professional1964]

Hi

I am taking my ex employer to Tribunal. Their legal person will only disclose on the order of the Tribunal. There is a pre hearing review. I have written to the Tribunal to ask them to ask the Respondent to disclose certain documents. However, I wrote to them to ask them for a copy of my personnel file within 40 days as per the ICO website. They did not even acknowledge my request. I therefore called the ICO and they advised me to write/email direct to my employer and not their legal people. First I emailed their legal people adn told them I would be doing this and they said that the request I had put in was for disclosure, which is not true, because I had already emailed the Tribunal for this and anyway they said they would only disclose on order of the Tribunal. I emailed back and said that it was a subject access request. They asked for £10 to be sent to my ex employer for the information. Whilst doing that I asked for copies of all emails to and from their legal people referring to me or in which an opinion about me is expressed etc. etc. and a copy of the taped recording of a telephone conversation I had and also copies of cctv footage in which I am clearly visible under the defintion of the Data Protection Act as I had given the respondent plenty of notice that I wanted CCTV footage of a certain incident preserved (someone flicking water at me). As the Tribunal may not order disclose in advance of the Pre Hearing Review I thought this may be a good way of getting information that I would like before the PHR. However, can they refuse to supply me with any of the emails, or am I really entitled to see them as the ICO told me?

[billybobyeeharrboy]

Hi there prof,

 

did you get a response in the end and were you granted access to legal correspondence, I am going through similar at the moment and any advice would be much appreciated

[professional1964]

Yes they sent me an incomplete personnel file. I know there is more information emails/letters etc. but they were not forthcoming even though I clearly stated what I wanted. I think if you do not get what you want you must complain to the ICO as I have done. It is your right to do so. I hope you get somewhere, but in my opinion everything is weighted in favour of the employer!

[billybobyeeharrboy]

Hi there,

 

yes I feel what you are saying following a failed ET claim, however never say never, I am going to write to employer with a SAR I am just deciding what exactly I need to specify, as I imagine it is far to vague to simply say I want everything you have on me???

 

they already submitted documents which went into the ET bundle pre hearing which went against them but I know that there are other specific conversations that were not included. Can I specify anything pertaining to this particular convo that took place with so and so on this date or around this time?

 

many thanks

 

Regards

 

BB

[professional1964]

Hi Yes when I spoke to the ICO they said I could ask for everything and give specifics too. I worded it a bit like this. "I would like you to disclose all emails, letters and correspondence, which express an opinion about me or which contain information relating to me or which refer to me in any way". If you know the existence of a particular document you can ask specifically for that document. You are entitled to see anything relating to you. When I first asked for this information I didn't head it "Subject Access Request". They ignored it. Then when I emailed they said that they didn't realise it was an SRA. So state in the heading that it is a "Subject Access Request". Good luck. Can you keep me posted - especially if you win!

[billybobyeeharrboy]

Hi prof,

 

with regards to yours and my SAR's, is it correct that the employer has by law to agree to the disclosure?

 

On the ICO website

http://www.ico.gov.uk/for_organisations/data_protection/the_guide/exemptions.aspx#provisions

it states:

 

Legal advice and proceedings

 

Personal data is exempt from the non-disclosure provisions where the disclosure of the data is necessary:

 

• for or in connection with any legal proceedings (including prospective legal proceedings);
  
• for obtaining legal advice; or
  
• for establishing, exercising or defending legal rights.
  

I have drafted something, do you have a draft of what you originally sent to your employers, I could have a look at?

 

 

Regards

 

 

BB

[professional1964]

Hi I have sent you a private message with the wording I used. It may be helpful? I wont have access to the internet for a couple of weeks from tomorrow. I hope you find my letter helpful.

[billybobyeeharrboy]

thanks prof,

 

all the best

 

Regards

 

BB