Applying for info under freedom of info

[REDDRAGON]

Hi,

I am looking at how I can apply to my employers for info under freedom of information act. Basically been off sick for a while and employer looking at terminating my employment so I want to know what info the have on me.

Now then do I send a letter as per template for bank charges but asking them for full disclosure to me of my personal file also any e mail personal headed correspondance.
I am trying to work out a way of wording this and what I am fully entitled to recieve.

Any advice really appreciated. Thanks

[Weird Al Yankovic]

You need to make a Subject Access Request, as per Data Protection Act.

[Sidewinder]

.......although it is by no means certain that you will receive all of the information which your employer holds on you. The Act only grants access to information stored in a structured filing system. Your personnel record therefore should be made available, but it is highly unlikely that loose notes or copies of e mails between staff or departments would be included unless they are held within your official 'file'.

[patdavies]

Thank God.

Somebody else who understands how the Data Protection Act works and that only information held in a relevant filing system is even covered by the Act - never mind available via a Subject Access Request.

[Weird Al Yankovic]

Originally Posted by patdavies

Thank God.

Somebody else who understands how the Data Protection Act works and that only information held in a relevant filing system is even covered by the Act - never mind available via a S.A.R - (Subject Access Request).

For unfair dismissal cases, which the OP's situation could well lead to, it is always wise to submit a Subject Access Request to the employers, whether or not the employer is registered with the IOC. Any good employment lawyer will suggest doing this.

In my particular constructive dismissal situation the small employer I had worked for encashed the £10 cheque and sent some paper work to me suggesting he had satisfied the Subject Access Request.

I was not happy with the response so I sent a complaint off to the IOC.
My complaint was assigned to a casework team and, although still ongoing, it has been discovered from May of this year that:

1 The employer had no registeration valid with the IOC.

2 They should have been as their handling of information was subject to the Data Protection Act, Freedom of Information Act 2000 along with an associated regulation-Privacy and Electronic Communications Regs 2003.

3 They obviously should not have encashed the £10 cheque.

4 I am able to refer to this and, crucially, reinforce my allegations they did not follow correct procedure on employment matters, at my upcoming Pre-hearing review where there is a good chance my former employers grounds for resistance in their response be struck out as having no reasonable prospect of success.

The investigation by the IOC into this company may take until November.

One should never assume that an employer just conducts staff records, rather, even with a small employer, the nature of their business is more of an indicator.

You really do talk some waffle and are a mere hinderance to people seeking advise.

[patdavies]

Originally Posted by Weird Al Yankovic

You really do talk some waffle and are a mere hinderance to people seeking advise.

WTF are you talking about?

My statement above was agreeing with another poster and is precisely true.

Who asked you to poke your weird nose in with details of a case that is irrelevant to the OP as yours involves a breach of the Data Protection Act by not registering; nothing to do with the extent of data available.

Go away and read this from the information Commissioner's website. Pay particular attention to the links entitled "Determining what is personal data" and "FAQs about relevant filing systems".

When you're a little better informed, then come back and join the grown-up's discussions.

(and, BTW, it is advice, not advise)

[REDDRAGON]

Hi,

Please all I do not want any annimosity over this. Any advice whatever it is is greatfully appreciated.

I asked for this so that I can be be sure of what my entitlement is.

I have at the moment very little trust with the way my employer is handling things examples being at reviews being told by hr that they have reports from occy health that state I am no longer VIABLE as an employee. (Lovely sentence that maybe they should just take me around the back and execute me and be done with it). And when I ask for copies of these reports I am told Not Applicable to you. That is why I am trying to obtain whatever info they hold on me so then I can make the choice of where I go.

So once again thank you everyone for your input (even pats).
Please no fighting.
Thanks