Subject Access Request

[bearing]

A mate of mine is needing to issue a Subject Access Request to his company for a hearing he has next week, are there any templates available that he could use?

 

Thanks in advance.

[maroondevo52]

Hi,

 

This is the one used for Bank Charges, just edit it..............

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

 

Short and sweet should do the trick.

 

Regards.

 

Scott.

[mariefab]

As the hearing is taking place next week a subject access request won't help him because with a SAR the Company can take up to 40 days to reply.

 

What kind of hearing is it?

[bearing]

He was sacked for internet usage, basically he's a maintenance engineer doing night shifts and whilst quiet he's been surfing. He acknowledges this and says that's fair enough but a fellow worker who was up for the same thing has been let off due to a clerical error.

 

All the evidence was put in a pack for him to receive a couple of weeks ago and a disciplinary hearing scheduled soon after.

 

Another guy was targeted and attended his disciplinary hearing, where he was accused of gross misconduct, the union guy pointed out that the letter he got to summons him to the hearing only mentioned disciplinary.

 

His hearing went ahead and he got a 6 month written warning, as my mate was off work the day of the hearing they recalled his pack, re-wrote it and included the words gross misconduct in the amended letter.

 

Consequently he was sacked whereas the other guy who had a similar raft of IT evidence against him got away with the warning.

[mariefab]

Is there anything in his contract or the Company handbook regarding internet usage,or are there any notices posted to this effect?

 

If what your mate did was the same as the person who received a written warning then then they shouldn't have dismissed him by simply changing their description of the seriousness of the charge to Gross Misconduct.

Employers should be consistent in their Disciplinary actions.

 

Is he going to appeal the decision?

I think that the lack of consistency angle would be the way to go here.

[bearing]

Is there anything in his contract or the Company handbook regarding internet usage,or are there any notices posted to this effect?

 

If what your mate did was the same as the person who received a written warning then then they shouldn't have dismissed him by simply changing their description of the seriousness of the charge to Gross Misconduct.

Employers should be consistent in their Disciplinary actions.

 

Is he going to appeal the decision?

I think that the lack of consistency angle would be the way to go here.

 

 

I think that's the angle he's going for, he knows he was in the wrong with the internet usage his gripe is that he's been treated differently to the other guy.

 

He did sign an internet usage policy when he first started but the company no longer have his signed copy.

 

His other gripe is that he can't see why his usage of the internet(although not allowed) is no different to the guys on nights that read the paper/books or take a nap. The only difference being that book reading isn't as easily monitored as internet usage.