Victimsation - Detriment - Equality Act

[LifeIsGood]

Hi

 

I would like to put a SAR in finding out what information my employers hold about me (I work for my local council).

 

In particular interest are some emails which a colleague who left under a compromise agreement sent about me.

 

 

My employer has email archives dating back ten years

so I know they are still available but wasn't sure how to word the request to make sure that these are included.

 

Any ideas

 

Thanks

[BazzaS]

"Including, (but not limited to),

emails referring to me,

including (but not limited to) emails to/from the council and Person A,

within or around the period of to .

 

These may need personal information regarding Person A redacted,

but I require any information regarding me"

[LifeIsGood]

Excellent, many thanks for this

[BazzaS]

Excellent, many thanks for this

 

It is just a suggestion : others might refine / correct it, but I hope it is a good starting point.

[BazzaS]

Can the council withhold information from A to the council if they feel A might be at risk if the information is revealed?

 

It seems unlikely they could withhold information the council provided to A. Which is the likely direction of flow of the information you seek?

[LifeIsGood]

I was interested in the emails that A sent about me to other members of my team. There has been a definite campaign against me for over two years now, mostly centred around a long standing disability. Even though A has left the treatment is carrying on. I can't understand what has caused this level of prejudice, it's most random. Anyway I thought emails might be a good place to start.

[BazzaS]

If between individuals, and not part of the compromise agreement:

a) how do you know they exist?

b) if you can't state who they were between and the council state "we aren't aware we hold information on you, and it would be disproportionately expensive to trawl through / search a mass of archived e-mails now held only as an off-site backup that may or may not mention you" would that "let them off the hook"?

 

I'm asking as I don't know, but fear that they might have a "proportionality" defence. The more focused your query (emails from/ to Person A, from/to Persons B-whoever, within date span X, referring to you by name)

 

If they mention you only by forename, or "our friend", "you know who" or another descriptor that isn't clearly you : I doubt that would suffice to be "personal data" the council would have to disclose. You might 'know' it is about you, but how would the council know / be able to tell?

[LifeIsGood]

Ah I see what you mean, hadn't thought of that.

 

 

I'm aware there are some emails as one was accidently forwarded to me as part of an email chain. It had my surname in the subject, I guess there will be others. I can narrow the date period down using the email I just mentioned.

 

 

Thank you

[ericsbrother]

has the concil recognised you as disabled and if so would any adjustment they have made be in the sphere of these communications you are after? If so then you may have another way forward if they claim that the emails are priviledged information.

[king12345]

In my experience, unless the council is not bothered about sacking your colleagues, they will tamper with the emails to make "nicer".

The only email they can't change is the one you have received by mistake.

If you can still access it, take a picture of the screen, forward it to your private email, save a screenshot and a pdf file too.

Most likely that will be the only evidence of your colleagues messing about with you.

[LifeIsGood]

Hi yes, I have been recognised as disabled for about twenty years, by my Gp. Hr and Occupational health. Although I think I read somewhere that you can only get protection of the Equality Act if a tribunal says you are covered. They do make reasonable adjustments sometimes but it really all depends on who I'm dealing with, mostly they forget. I've printed the email.

[ericsbrother]

EA is a very broad brush so you are covered if you have informed your employer of disability and ask to be treated as disabled under EA Obviously you must have a permanent disability, a tribunal can only say that you are NOT covered rather than them being the arbiter of who is.

You should have put whet you wnat considering to the employer in a formal way so thye arent guessing

[LifeIsGood]

I've put my SAR request in, I'll see what I get back.

Thanks for your help with this.