Data Access Request Uncovers Evidence to Win Constructive Dismissal Claim
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- Опубликовано: 18 окт 2024
- Read the blog post, and full decision in this case, about the employee winning a constructive dismissal claim when the case turned on the evidence gleaned from a data access request to the employer.employmentrigh...
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Thanks Terry, just shows the importance of doing a Data Access Request.
Absolutely, although I've never seen any as successful as this one 😂🎩
Thanks Terry, what's to stop an employer holding back certain communications though ? Seems crazy they would hand that over surely knowing what the outcome would be
Well they're legally obliged to hand over but some employers may be tempted to get the shredder earning its corn😳
Brilliant coverage on this topic! Going through this now, employer fighting to not release emails over two years due to effort and’ disproportionality’. Its really to protect the staff involved in the case - reported to ICO
Ico are rubbish I'm gonna fight them
They are blind and ignorant
I'm sorry to say to you
Hi Terry, thanks for this it’s been very useful for my case. Could you advise please, you mentioned that in the emails the claimant was referred to as ‘V’ her first initial I presume, in requesting a SAR should I also be requesting all correspondence between respondents with the subject matter of my initials?
Currently ive asked for my data but have not recieved any reply, so ive emailed the Directors.
Lets see what happens.
Hey Terry, just wanted to ask: If you requested a DSAR for a client should the company send the data to you and not directly to the client? Is sending the data directly to your client instead a scare tactic or something? Thanks
It depends on how the request is worded but I do not see how sending personal data to the owner of personal data, at his solicitor's request, could be seen as a threat. Maybe I am naive and trusting 😉🤔
No easy to prove constructive dismissal. You do need to keep records in writing of your own interaction when and where necessary.
No, it is very difficult. But when the other party hands you the evidence it makes things easier 😉
I'm going through this right now😮
Hi Terry, very good video. I have a question, how to I make Data Access Request Uncovers Evidence to Win Constructive Dismissal Claim?
Just do a Google search and you will find the answer easily.
@@terrygorry thank you Terry, you are amazing.
Thank you Terry, was this data request made while the employee was still employed or after she had been dismissed ?
Read the blog post to find that out:employmentrightsireland.com/data-access-request-uncovers-smoking-gun-evidence-to-win-e50000-constructive-dismissal-case/
@@terrygorry Thank you Terry, I've just read it though it doesn't specify when the request was made, it says , "at some point a data request was made"
Two catch 22 situations :
1.
If the request is made after resignation does the Employer still need to comply ?
2.
If the request is made while you're still employed you give the game away that they are planning a case against the employer, no ?
Thanks for sharing this article and your insight 👍
@@toneranger there is no problem making such a request at any time. It is a legal entitlement.
@@terrygorry thanks Terry 👍
Is there a similar data access law in Australia?
I know nothing about the law in Australia.
Mandatory to treat an employee on probation (in terms of breaks) period the same as other employees? Any type of employee can make a data request?
Yes and yes👍
@@terrygorry Thanks Terry
Is it possible for an employer to exclude such slam duck evidence for a data access request without getting caught
Lawfully? There is one or two limited exceptions, I believe, of what has to be disclosed. Unlawfully? Maybe..
does this cover the uk? it seems similar
Similar law, alright, as it all came from Europe
I could do with you on my case against asfa they have done the same with me
Could you tell me who yo get the the dsar from at asda 0please
HR or the data protection officer. Just ask them.
@@terrygorry your a saint like my mother she lives in limerick and I live in Manchester.. if you see her please say hello her name is Doloras... many thanks and your info is priceless.. cheers