injury at work

[sack6470]

Hi all....

I am writing for advice on how to word a letter for obtaining a personal file from work

thanks in advancee..

Edited March 24, 2010 by sack6470

[honeybee13]

Hi there. I wouldn't want to comment on the reply, not my field, but I'm sure someone will be along soon. One question though, do you mean the letter's going to an employee?

 

My best, HB

[sack6470]

oops ... its a letter to go to employer requesting this info to be sent to us..

 

thanks

Edited March 10, 2010 by sack6470

[honeybee13]

So they dismissed your OH for having an accident at work? Was it his fault?

[sack6470]

Have pm'd you honeybee13

[sack6470]

thank you

Edited March 24, 2010 by sack6470

[sack6470]

Hhhmmm? getting a bit confused here, just read that a subject access request is for all imformation that is held on file for you.. HSE said to ask for this, I was originally just after a copy of my partners accident report form.... but the S.A.R. is for all info held... might hold fire on this until after the appeal is heard...

[Bigredbus]

Hi all....

I am writing for advice on how to word a letter I am sending into an employee requesting information for an accident at work that has been the central cause of my partners dismissal. (which we are appealing against) I have just spoken to the HSE who informed me of what to ask for but unfortunately could not write as fast as she spoke, so would appreciate someones opinion on how I have worded this and if it makes sense:roll:...

thanks in advance!

 

Dear Sir,

 

Under the Legislation Act Section 7 Part 1: I have a right to make a subject access request for data held on myself by @@@@@.

Therefore please can you provide me with a copy of my accident report form which was filled out on @@@@@

 

It is also legal requirement of the health and safety regulations that a R.I.D.D.O.R. report should have been filed for the days that I had off work due to my injury sustained at work. Therefore can you please provide me with the report number and the date the report was filed with the HSE.

 

Yours faithfully..

 

Dear So and So,

 

 

Data Protection Act 1998 – Subject Access Request (SAR)

 

Please supply me with a complete list of information relating to my employment with XXXXXXXXX, retained either electronically on your computers or manually, in files. That includes, not exhaustively, manual intervention as written reports compiled by any member of your staff, manager notes (either manually written or electronically stored) compiled by any supervisor or manager.

 

Additionally, where there has been any event in my employment history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my employment history with XXXXXXXXX.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the maximum statutory fee of £10.00 (Ten Pounds). You have forty days in which to comply.

 

I remind you, in the meantime that, pursuant to The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR), cases of over-three day injuries must be notified within ten days of the incident occurring, consequently, could you provide me with a true copy of the report which has been filed with the Health and Safety Executive.

 

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

 

 

 

Hope that helps...

Edited March 9, 2010 by Bigredbus
Addendum

[sack6470]

WOW !! bigredbus where do you get your knowledge from? you are very good, blown me away lol...

 

I shall wait for my appeal to be heard then submit this to them, I think they will not know what to make of it though lol..

 

Do I have to pay a fee of £10.00 I will do if required just HSE never mentioned it, and as we have no clue to whether partner can claim unemployment benefit for a possible 26 weeks? every penny is precious..

 

Many thanks for your GREAT advice bigredbus....

Edited March 24, 2010 by sack6470

[Bigredbus]

You would have to pay the £10.00 as it is a legal requirement.

 

By sending this letter, you are requiring them to send you ABSOLUTELY EVERYTHING they hold about you in your employee's file, and, in addition, a true copy of the report sent to the HSE...

[sack6470]

Brilliant will do that. (the riddor report was never done, checked with HSE ourselves!) but was told at d.h it had been... ho hum !

 

 

Thanks again

[Bigredbus]

No problems...

 

Bad move on their side... Telling you, during a disciplinary hearing that they filed a report with HSE when, in fact, they did not!

 

You definitely want, and need, a true and signed copy of those minutes...

 

[sack6470]

Have requested them.....

Edited March 24, 2010 by sack6470

[Bigredbus]

All you can gather now will help your case...

 

They won't be able to rely on their minutes if there is no such minutes... or else... the said minutes are incomplete or unsigned!

[sack6470]

so if and when we recieve them, if we do not agree with them or want something added that has been left out... do we write back and say it has to be amended before signing? or just send them back unsigned ?

[elpulpo]

Have you made an application for benefit?

Get it in ASAP if not, along with Housing and Council Tax Benefit.

It's not written in stone that you'll not get benefit if you were dismissed. You might need to appeal though.

[elpulpo]

I'm all with what BRB's advised ya so far, BTW.

[sack6470]

Went to benefits dept on monday, then had 2 phone interviews for unemployment benefit and a third interview tomorrow in the benefits office... then await outcome.. H.B said they will wait for us to declare if we recieve any unemployment benefit before amending our H.B. so have suspended it for now (was getting small amount already)

[Bigredbus]

[Hi 'elpulpo', nice to see you around...]

 

No... do not amend, or request any amendment of the minutes...

 

The minutes should have been signed at the end of the hearing... Upon that, generally, a kind and dexterous P.A. would type them, so they are more legible...

[sack6470]

No minutes shown to hubby to sign at end of d.h

So is that common practice for that to be done that way at a d.h, employee to read over them there and then and sign to agree them then nicely typed up ones forwarded thereafter...

 

so really if they are not to be amended. (if they ever send them to us)

is it really just another way of showing their incompetence if it goes to a ET?

 

Blimey we would have replied pointing out the bits missing etc! which obvioulsy they can then say, they dont recall or was never said (there word against hubbys) but then hubby had a co-worker in with him that remembers what was said. so thats good.

 

so requesting the minutes like has just been done with appeal letter, we do not try to get them adjusted, but keep note for our sake of what has not been put in etc, incase it goes to ET?

Edited March 10, 2010 by sack6470
oops, keep getting my employee/employer mixed up.. corrected now!

[sack6470]

Hi, if you are appealing against a dismissal, and the time to write and request an appeal has not elapsed as yet... should the company still issue your P45 before that date? Is that ok to do that or should they have waited to see if an appeal was submitted by the deadline date they set?

 

Thanks in advance

[Bigredbus]

Have you been issued with a P45?

 

They are anticipating to uphold their decision... It could be argued that they should have sent the form once the course of disciplinary action has been exhausted. However, they could have done so to avoid delaying any Jobseeker's Allowance claim or avoid delaying starting a new job.

 

Now, you should, with the colleague who attended the hearing, write down what has been said at that meeting.

 

Did you receive a true and signed copy of the minutes of the meeting?

[sack6470]

Morning. Yes recieved the P45 yesterday, deadline to appeal was by today. Appeal letter was sent in along with a request for a copy of the minutes of the d.h which had not included with the dismissal letter.

[Bigredbus]

Very good morning to you too...

 

Excellent...

 

Let's see if they send the minutes... in the meantime, write down all you can remember about the hearing...

[sack6470]

thanks for your advice.

Edited March 24, 2010 by sack6470