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Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me was this a file in your managers documents or was this a paper file kept in your managers office and have any other employees files gone missing
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded. I have a meting this morning and will get my advice ready for you on how to proceed with this for this afternoon regards ben
Many thanks for your patience. Your employer is correct that this is not really a criminal offence, at least the act of losing the documents is not. If there was a theft of the document then that would be a criminal matter but not if it was simply lost or misplaced by the employer. Therefore, the police are not going to be interested in this.
A loss of personal data is a breach of data protection regulations and that is an entirely civil matter. You are able to make a complaint directly to the employer through the grievance procedure but this will not compensate you in any way, it is likely to either result in the employer reviewing their procedures or disciplining the people responsible.
You can report this to the Information Commissioner’s Office, who is the regulator for data protection issues but they can also not compensate you and they can only deal directly with the company, for example fine them or ask them to improve their procedures.
If you wanted to sue the employer over this then you can only do so if you have actually suffered financial losses as a result of this. Simply them losing the documents is not enough – you need to have suffered losses, for example your personal account being hacked and money taken out or you incurring other losses or costs as a result. If no such losses have been incurred then you cannot pursue the employer for compensation and the above two options are the only ones available to you.
Hope this clarifies your position?
Hi, it will not change your legal position much. Again you cannot really claim anything without losses and you are still able to raise a grievance and if you find out that they did lie to you and the trust between you and the employer has been seriously affected then you can also consider resigning and claiming constructive dismissal but that can be a risky claim, especially as you re placing yourself out of a job in the process.
If there has been a breach of data protection you can report this to the ICO if needed. Steps you should take are listed here:http://ico.org.uk/for_the_public/raising_concerns
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks