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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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My employer by ICO assessment is unlikely to have complied

Customer Question

My employer by ICO assessment is unlikely to have complied with the DPA section 7(8). In doing so they withheld written self-confessed information from me stating that a couple of people had been spying on me and my wife and our movements for almost a year while I was off work ill. In fact they kept a record of our purported movements which revealed that they had been following us each day during this period and sometimes up to 6 times per day. The police informed me when I showed it to them that that this was a definite act of harassment however since the last recorded incident on the log had taken place over 6 months ago (because my employer withheld that information from me in breach of the DPA) they could do nothing about it. My question is have I comeback on my employer or indeed on those who were harassing me since it has caused both my wife and I great damage and distress ? Currently I am unable to work due to this incident. I am a minister of religion and due to pressure from my employer the Church I felt squeezed into letting them release me from my post, and place me on a long term disability scheme due to the severe depression it caused me and the resultant reactive depressive disorder it caused me. I have been in the ministry for 26 years.

Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Customer:

Hello my name is ***** ***** I am happy to help you today. Are you saying that they withheld information that you wrote?

Customer :

No they withheld information from me which was written by a few others -- not written by me.

Customer :

I cannot see your replies ?

Customer :

I cannot see your replies .. can you help ?

Customer :

I cannot see your replies ?

Customer :

Jenny are you getting my replies to you ?

Customer :

I must be doing something incorrectly .. I cannot see your replies to me.

Customer :

I give up.

Customer:

Hi I am sorry there was a technical problem preventing me from replying which has now been resolved. Do you want to continue?

Customer:

How do you know that this information exists?

Customer :

I now have it, after 200 +days, and a breach of the DPA section 7(8) by my employer. BECAUSE OF THE DELAY the police could do nothing since the last recorded incident of following me had taken place over 6 months ago. Had I been given the material within the 40 days those involved in the act of harassment would have been arrested. The HRA section 8 probably aslo has been broken.

Customer :

The documentation exists ok. I have hard copies of them, and the police have seen them and directed me to the HRC.

Customer:

It would be most unusual for the police to become involved in a civil matter, the relationship between the employer and employee in any event. Did you enter into any settlement or compromise agreement when you relinquished your post?

Customer :

Not really, but I suppose they could say that I did, however my employer in a sense did in fact cover up a criminal act, and left my wife and I in a very dangerous and unsafe position. We are always looking over our shoulders now as a result. Had I known within the 40days I would still have had my job, hence the feeling of having been hounded out.

Customer:

Hi i'm not sure what you mean by this. You would know for definite if you had recieved a sum of money to compromise a claim as you would have had to have gone through a solicitor to do this?