Data Protection Act & Payroll company

[hackersons]

Hi,

 

I was recently made redundant while being owed a lot of outstanding wages and my Maternity pay by a small company. I have taken them to an Employment Tribunal and won, however they have still not paid anything to me. The director of the company has now put in an appeal to the judgment, and he is lying about the hourly rate I was on - he thinks he will be able to pay me less in maternity pay if he gets away with this.

 

I know that the payroll company who dealt with my wages should have a record of my hourly rate and the outstanding money still owed. I have requested all data they have on me using the Data Protection act but they have refused, saying they can only act on the company's request not mine. Is this right? do they not have to stick to the law or are they just trying to bluff me?

 

Please help as I am really stuck and this has been going on for over a year already!!

[tamadus]

Hi,

 

I was recently made redundant while being owed a lot of outstanding wages and my Maternity pay by a small company. I have taken them to an Employment Tribunal and won, however they have still not paid anything to me. The director of the company has now put in an appeal to the judgment, and he is lying about the hourly rate I was on - he thinks he will be able to pay me less in maternity pay if he gets away with this.

 

I know that the payroll company who dealt with my wages should have a record of my hourly rate and the outstanding money still owed. I have requested all data they have on me using the Data Protection act but they have refused, saying they can only act on the company's request not mine. Is this right? do they not have to stick to the law or are they just trying to bluff me?

 

Please help as I am really stuck and this has been going on for over a year already!!

 

You are the data subject and as such have a right to any data concerning yourself. I would contact the ico and report this company immediately.

 

Also do you have any recent payslips that show your hourly rate, or at least where the hourly rate can be calculated ?

[Jimbo44]

You are the data subject and as such have a right to any data concerning yourself. I would contact the Information Commissioners Office and report this company immediately.

 

Also do you have any recent payslips that show your hourly rate, or at least where the hourly rate can be calculated ?

 

....or, alternatively write to them and remind them of their obligation under Section 7 of the Data Protection Act 1998. Say that if the do not supply you, the Data Subject as described in the Act, with the information within the prescribed 40 day period, you will commence action against them in the County Court. It might just 'concentrate their minds' a little!

[hackersons]

Thanks for the tips guys - I have done as you suggested and they have suddenly changed their tune! obviously thought they could bluff me, but I have to wait and see if they comply with the 40 day deadline.

[Jimbo44]

Thanks for the tips guys - I have done as you suggested and they have suddenly changed their tune! obviously thought they could bluff me, but I have to wait and see if they comply with the 40 day deadline.

 

Glad to have been of help, hackersons. Just remember though, the 40 day clock started ticking on the day they received your original request!