Employment tribunal hearing coming up

[Nicky Boy]

Lorenz,

 

Not sure how much you want to poke the hornet's nest, but you could force the issue of you employer ignoring your SAR request.

 

In the private parking companies forum, there have recently been a couple of succesful court claims issued against companies who failed in their statutory duty to respond to a SAR request.

 

@FTMDave could probably advise if you want to go down this route?

[Nicky Boy]

I've messaged FTMDave to ask him to look in on your thread.

 

 

[Nicky Boy]

Can only find this thread at the moment...

 

 

[Nicky Boy]

Been through an ET many years ago for my OH... Lost.

 

Faced similar obstacles with getting the employer to disclose stuff.

They had no problem disclosing made up stuff though.

Wish i knew about CAG then!

 

Anyway good luck.

[Nicky Boy]

Is your husband still a qualified rep?

If so, he can accompany you to grievances.

[Nicky Boy]

Just a thought, could Lorenz ask for an adjournment using the reasoning that the respondent's SAR isn't forthcoming and she needs the information to support her tribunal claim...

Or would that create an excessive delay?

[Nicky Boy]

Is it specific documents that you know exist that you're looking for?

If so, I believe you can ask for a tribunal judge to order disclosure?

 

Maybe

@Emmzzi

or

@Ethel Street

Can confirm??

[Nicky Boy]

They'll be paying you £200 then.

And have to keep paying until they comply.

[Nicky Boy]

One comment I would make is that there may be some "posturing" going on.

I experienced this prior to my other half's tribunal. 

Just attempts to intimidate you and get you to drop your case.

 

Would it be in your interest if there was an extension, in order for your SAR to gain traction and get the documents you need?

[Nicky Boy]

They don't have to admit any fault.

You now have a judgment which shows who is "at fault" (and possibly several more, by the way things are going) to show the tribunal how obstructive they have been throught the process...

[Nicky Boy]

With all the turmoil I caused, nobody ever sent an email to discuss this?

I'd say it's unbelievable.

 

From memory of my OH's tribunal case, I seem to remember that there is a right to inspect your own (original) entire personnel file in person?

Could be interesting to look through the file yourself.

Maybe request this in writing?

[Nicky Boy]

Hopefully, you've learnt to take your own meeting notes from now on.

Emmzii, that's interesting about document storage. What do you do about handwritten notes from meetings? Scan them to pdf?

My OH works for one of the big 4 supermarkets and they definitely still use paper. She's actually seen her own personnel folder.

Anyway Lorenz, sounds like asking for their personnel data storage policy could be useful. 

[Nicky Boy]

Been there Lorenz.

"Non contemporary" documents appeared during Oh's tribunal process.

Don't trust business owners during legal disputes. They don't want to lose money.

[Nicky Boy]

So, you're just continuing with the SAR out of principle?