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pcdave23

Urgent SAR Advice.

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Hi all.

 

After having read allot of the threads etc I am ready to ask a question.

 

I am currently suspended from work as one of the managers accused me of "abusive" language when I was off a call talking to another colleague.

I have had ongoing issues with the managers in this company for about a year and according to other managers I know etc they have been sending emails about me and basically victimising me in anyway they can updating each other on the progress :eek:

 

I have ready that I can request all relevant data about me held by my work etc. Can I request I want all my personal files they hold on me all my HR files notes and payrol etc but also can i request all emails that my manager has sent about me aswell as others?

 

Thats the critical question. I appreciate any answers. Bellow is the template I found on here by a member I have modified slightly will this be detailed enough for them

 

Thanks

 

 

Data Protection Act 1998

Subject Access Request

 

 

 

 

Dear Sir/Madam

 

 

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

 

Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.

 

As an employee of xxxxxxxx, I hereby Make a subject access request under section 7 of the data protection act.

 

This may include, but is not limited to

 

1.Full copies of all contracts which you believe exist or have existed between xxxx and your xxxx, including true copies of any documents you hold in support of the same. This should include any Memorandums, employee handbooks, and signed counterparts.

 

2. A complete list of all transactions or statements, including Payments made, or received. This will include ALL payments, including wages, and ALL Charges from xxxx to xxxx For example, charges in relation to replacement of items, belongings, or repairs.

 

3. Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information. This should include any data which relates to my working hours, that being any records of periods of work, such as time sheets, job sheets, indications of hours worked, average hours worked under the WTD rules, and Tachographs.

 

4. Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.

 

5. Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

 

6. Details of any data, stored in a digital, magnetic, or any other format, which has been deleted. This should include date of deletion, reason for deletion, and should be signed by a manager.

 

Should any abbreviations be used, please indicate these, and provide transcriptions.

 

I hereby request you provide all the above data, within the timescale as laid out by the Data protection act, currently set at 40 days. This letter was sent by recorded delivery, to be delivered not after the 13th of August 2009. I also request that you acknowledge receipt of this letter immediately upon receiving it. You have a legal obligation to do so. I will accept an acknowledgement. Should you be unable to confirm my home address, please contact me via my mobile telephone on file.

 

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties or charges which are invalid under the Unfair Terms in Consumer Contracts Regulations against me, then I shall be reclaiming them together with any interest charges which you have levied on them.

 

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. H

 

 

Yours faithfully,

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All depends on what type of company you work for, have you been told you have to face a disapilinary (apologise for spelling). Have you been given rules with regards to your suspension i.e not allowed to contact anyone within in the company. Have they given you a time period for suspension. Abusive behaviour can be an instant dismissal, but suspension is a way of the company getting as much information about you that they can use against you! If you feel that there is grounds you could go for constuctive dismissal, this is where you feel that you have been made to resign, but you need to do your homework and look at contract with regards to bullying etc. This is a hard one to prove but if you have proof go for it..

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Thanks for the reply. At the moment its just at investigation and im suspended on pay. They will send a letter out sometime this week most likely saying they are going to take it to a diciplinary hearing or if there dropping it. I know they will most likely go for a hearing and then try sack me. Will see where the options go from there. But at the moment just wanting to really put in a SAR for as much info as I can, I know it takes ages but at the end of the day if I get anything its worth the shot. Standard suspension rules in the letter, dont contact anyone at work etc.

 

Does my letter seem okay? with what it requests etc as im pretty sure im getting the sack im prepared for that just wanting to gather intel just now.

 

Thanks again

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Access letter sounds fine, but what are the chances of the emails that you say were sent suddenly vanishing. You should hear from them with regards to the hearing within two weeks, i would have thought that they know what they are going to do and are just following procedures. If it were me i wouldnt want a dismissal on my c.v. You have to think about what is best for you and gather as much information as you can, read your companies policies with regards to bullying etc, do you have friends at work that could help you? get some proper advice and anything that is said keep notes,

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Thankyou for the reply much appreciated, will send the letter off and the person that suspended me said that at anytime I can resign with no notice as I said to them there and then I would quit but she persuaded me not to untill they decide if its going to a diciplinary.

 

As for emails they have no excuse as all emails are kept for 6 months as backups according to IT. But we shall see perhaps they got destroyed by "accident"

 

so now is the waiting game :)

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just to add if they were to look at the emails and these emails included details of anyone else (another employee) they do not need to povide them


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