I really need some help after a robbery

[volks23]

In April 2007 I was a victim of a robbery at work. I work for an off licence and I was the only staff member on duty. 12 people came into the shop and while I was held down they got into the back area and robbed the safe. The police are calling this kind of robbery steaming. Anyway, I subsequently had 5 months off work sick with Post Traumatic Stress and Panic Attacks. Since I have returned to work I have felt bullied and harassed by the branch manager and four district managers. This came to a head in Jan 08 when the manager confronted me about an issue to do with the shop, this resulted in me basically saying that I wanted to resign and could she tell me how much holiday I had left. That was on a Thursday and on the following Monday we had a team meeting with the district manager. I prepared a grievance letter to give to him and before I could he told me the shop was closing. I was interviewed by another district manager who was investigating my complaint and finally after waiting 43 days I received a response to my complaint. The long and short of the investigation said that had the shop still be open they would recommend certain things but the didn’t really address my points in my complaint. I have now been left without a job because I refused to work at another branch which would have put me at a high risk of another robbery and the shop policies are that staff is to work alone. This company still owes me money but won’t provide the information I need to work out how much. Could I send them a freedom of information letter requesting all info on me? As I haven’t resigned and I haven’t taken up there offer of work at an alternative shop where does this leave me legally?

Any help would very much appreciated.

[tiglet]

bump

[ScarletPimpernel]

Firstly, Freedom of Information requests apply only to public bodies. You can send a Subject Access Request under s.7 of the Data Protection Act 1998 to your employer. The maximum statutory fee is £10 and they are obliged to provide you with all the data they hold on you within 40 days. You should address your Subject Access Request to the Data Compliance Manager at the firm's head office. It's best to make clear that you want all data, but you may wish to mention specifics as well - holiday records, for example.

Secondly, and I stand ready to be corrected by the resident HR experts, what happens next will depend to an extent upon what your contract of employment says about working in another location. If there is a liability to work at another location, then it may be worth looking at whether the Disability Discrimination Act might be applicable - if you have a traumatic stress related condition, then it would be detrimental to potentially expose you to the same kind of stimulus as the critical incident that began it.

[Allwood]

ScarletPimpernel - when you say all data this implies that it only relates to what they have on their computer - what about manual repost, letter etc are they obliged to let you have this also under s.7 of the Data Protection Act 1998

[tiglet]

It's all information they hold on you in whatever format.

[Sidewinder]

Originally Posted by tiglet

It's all information they hold on you in whatever format.

Not entirely - it is all of the information which they hold on you which is stored in a 'relevant filing system' - a system whereby an individual's data may be identified and retrieved by name or number. A personnel file would be a relevant filing system as (one would hope) information is stored in individual files by name. E mails or notes held within other files are not neccessarily stored in such a way as to be covered by this part of the Act. Even if an item within the filing system is included, the Data Controller must assess whether it identifies other people, and in those cases must seek their permission to release the document where the data in question cannot be blanked out or would easily identify others.

Sorry - a bit of a lengthy explanation, but people sometimes assume that the Data Protection Act gives access to everything. This isn't the case and gives employers particularly a degree of scope in what they are 'able' to release.

[ScarletPimpernel]

I was being brief regarding the Data Protection Act. The main point was that OP should be able, through a Subject Access Request, to obtain sufficient data to enable him/her at least to calculate how much the employer owes, and then take some sort of action about it.

[Goldlady]

Is it not possible to go to the Employment Tribunals over this one? At the very least this is constructive dismissal as far as I can see. I know there are strict time limits over issuing a claim but there are also exceptions.

[volks23]

Some really great advice guys. Apologies for the delay in responding for various reasons I have felt unable to deal with this situation but I now have the energy to continue. I am hoping to get a Subject Access Request in the post to them this weekend then i will just have to wait. Does anyone know if there is a Subject Access Request template on this site that I could adapt to my situation?

[Sidewinder]

I believe that the template letter on the site is geared towards reclaiming bank charges, but my suggestion below can be tailored to your needs.


Name
Address
Works/Payroll Number

Data Subject Access Request

Dear Sir

Pursuant to section 7(1) of the Data Protection Act 1998, I am making a formal request for you to provide any and all relevant details held about me connected to my employment with [Name of Company] during the period [Date] to [Date]. I understand that you are obliged to provide me with such information within 40 days of receipt of this letter, or 40 days after I have provided any further information which you require to assist in supplying the requisite documents.

If you need further information from me, or a fee for providing this information, please let me know as soon as possible.

If you do not normally handle these requests for information yourself, please pass this letter to your Data Protection Officer or Data Controller.

Yours Faithfully,

[volks23]

Thanks for the template sidewinder. Will amend and get in the post.

[volks23]

Question:
If I haven't actually resigned but have had no contact with this company for 3 weeks I'm guessing that they would take no contact as an informal resignation? If I wanted to take up a case for constructive or unfair dismisal what are the timescales involved as I have been reading through a few other threads and there is talk of 3 or 6 month cutoff points? If I have to wait 40 days for a response to my Subject Access Request is this not cutting it close to the 3 month cut off point for logging a claim? Also I'm not clear on whether I have actually got a claim for either constructive or unfair dismisal. Sorry to sound really stupid but I have never found myself to be in this situation before and I'm really unclear on what sections i'm covered by law.

[Ell-enn]

Hi there, until you actually send them written resignation, you are still an employee of the company - unless of course they decide to terminate your employment (but there are steps they have to follow before that can happen).

My main concern, having read your story is that the company may not have done enough to protect your safety as a lone worker. Under the Health & Safety at Work Act 1974, employers have a legal duty under this Act to ensure, so far as it reasonably practicable, the health, safety and welfare at work of their employees who work alone.

It might be a good idea to make an appointment with a specialist employment solicitor - there are many who offer a free initial consultation and you should be able to find one in your area.

Kind Regards

Ell-enn