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MissBrightside

Settlement, Data request - advice?

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I am currently back at work following a grievance, long term sick etc.

Throughout the grievance process (which went on for most of 2015)

my unison rep had been insistent that the if the situation was not resolved

I could sort a settlement agreement

 

 

in October 15, following the appeal of the grievance I told my rep that I wanted a settlement.

 

 

She talked me out of it,

encouraging me to stay because management now know that they can't continue to treat me poorly.

The situation only got worse as I was then subjected to poor treatment/bullying by HR & senior manager

- all whilst I was on sick leave.

 

I returned to work in mid-January because I wanted to resolve the situation

& I couldn't afford to be off any longer.

 

 

It was apparent in that first week that I couldn't continue

so I again asked for a settlement so I could guarantee a good reference.

 

 

At that point I couldn't bare staying but did because of financial reasons

& I was scared to take anymore sick leave should it affect future job prospects.

I made management aware that I was not happy throughout.

 

It took 8 weeks for the case to be reviewed by Unison solicitors

& for me to meet with the regional union person

& my union rep from work to see what I could do given that I was still unhappy.

 

 

The solicitor had said there was no evidence of racial discrimination which baffled me

as I had not made any reference to that.

 

 

More annoyingly they didn't discuss the personal injury or health & safety failures

however the Regional Union woman said she could find no evidence of anything unlawful.

 

 

My unison rep then said any settlement was seriously unlikely but she'd try,

though I should focus on finding another job (not easy given the state I'm in).

 

 

The day after this meeting, assuming that I will end up having to resign without a job

& hope for a decent reference, I made a data subject access request to my employer out of curiosity.

 

This week, my union rep gives me an offer re a settlement & asks how I felt about it.

I later mentioned that I'd made the data request & joked that they won't do it if I leave.

 

 

Today she tells me that HR want me to retract my request otherwise they won't sort the settlement

- the reason being that it would create too much work.

This riled me up but I retracted it any way.

 

 

Now I'm worried that they have only done this in case something comes up that would strengthen my case.

 

Does anyone have any advice about what I should do next or be aware of?

I feel completely alone & I can't think straight!

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Hard to tell with no idea of the detail of yur case or the settlement amount compared to your salary.....

 

What is your gut telling you?


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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I can't give the detail it is incredibly long & complex plus very painful to discuss given how long it's all been going on. Can't discuss settlement because I haven't had anything confirmed yet & things still being sorted.

I'm seeking advice re settlements because I'm not convinced I'm getting good guidance but can't afford a solicitor so it's more about making sure I don't get F'd over further. My gut is telling me the data request retraction was in case they found something that strengthened my case & I regret going along with it.

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dont forget, a SAR can be made to any individual or organisation that holds and processes your personal data. So, you can always do another request after you have taken the golden bullet. If there is anything that is unture in the data they hold about you, you can isnsist they correct it and if they dont you can claim for any losses you ahve made as a result of the incorrect data. So, for example, if they have a note on their files saying you have being having an affair with a competitor company's boss and this is not only untrue but cuased them or others to act upon that info to your detriment you may sue. The detriment may be hard to prove but examples would be being turned down for promotion/given misleading reference for a job you then didnt get as a result etc.

Besides the above, you will get the satisfaction of achieving both of your short-term goals and may glean something about the things that have troubled you

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It sounds to me like it would be sensible to agree that you will withdraw the DSAR. But you should only withdraw it as part of a binding settlement agreement which includes a good or neutral reference, don't withdraw it just yet.

 

It doesn't sound like the DSAR would realistically be likely to turn up anything which would enable you to sue the employer and it doesn't sound like you would be in a good place to start bringing employment tribunal claims.


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Hi,

 

my advice is to inform the union rep/solicitor that you retracted the SAR because you thought you were going to get a good deal and if there is nothing then you will make another one.

 

It is always good to have information as it aids you in negotiations if at all nothing else.

 

You always need to show a strong hand in dealing with others ( I don't mean being rude or difficult) or you will get rolled/pushed over.

 

I know you are not in a good state but you need to display strength and boldness.

 

Deep inside us all we have animal instincts and like you see in documentaries even the lions (king of the Jungle) will only attack the weak ones.

 

You have to be strong or at least display strength or you will get pushed over, and I will be bold to say; it is not their fault it is the animal instinct in them that is at play.

 

All the best

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