Employment tribunal hearing coming up

[FruitSalad1010]

You don't need to provide a reason as to why you requested access to your personal data, in the same way that if someone was holding on to your car keys you wouldn't need to justify to them why you need access to your car.

It may be in your interest not to specify the reason you requested access to your data unless later questioned by the judge.

Of course you may have to justify what serious issues not having access to your data has caused you and that may be the point at which to explain your issue with the Employment Tribunal.

However for the quantum you seek I'm not entirely sure you need to have been caused any serious issues, it may be that a judge considers that the sum of £200 would be appropriate relief for the distress and frustration caused to you by the Defendant's failure to comply with their statutory obligations in accordance with an important European instrument.

 

Quote

On 3rd October 2022 I submitted a subject access request pursuant to the Data Protection Act 2018.

The Defendant has breached their statutory deadline to respond to my request  30 days within one month, has failed to make a full disclosure and this failure is continuing six months later.

The defendant's breach of their statutory duty and my inability to access my personal data which I need for an Employment  Tribunal case against the defendant,  has caused me serious issues and distress.

The claimant seeks damages for distress in the sum of £200.

Consider the edit I have provided.

Also has it actually been 6 months since they failed to respond?

Edited April 5, 2023 by FruitSalad1010

[FruitSalad1010]

That message to me appears to indicate the claim was perhaps issued out of the County Court Money Claims Centre, which while still based online is slightly different and more up to date than MCOL which issues claims out of the County Court Business Centre.

Perhaps you could clarify exactly how you issued your claim for the failure to disclose data. I don't think we've seen a claim form or any other correspondence.

In any case processing times can be found here. According to the processing times, entering judgment online should be automatic.

Using MCOL you should be able to move to enforcement immediately once a judgment in default has been entered.
 

[FruitSalad1010]

Read post #98 again.

I don't say this to point fingers but to draw your attention to the fact that sometimes important details which can help you are easily missed.

The better you become at picking up on important details in your cases the more your chances of success will increase going forwards.

The simple act of posting up the redacted claim form would have clarified this straight away.

However, well done for realising the difference in the two systems and understanding why you are having to do things a different way.

It's not easy for someone who has never embarked on this path before to navigate everything first time around and your self help appears to be paying off.