Hello Jackie my name is ***** ***** I will help you with this.
What loss did you suffer as a result please?
Hi Alex ,As live in community the company I worked for was a local creche ,wher lots of local people would look up for phone number childacre places etc this Eat determination is what was seen it was humilating also other creches check what other creches advertise i feel strongly that the wording of my determination was making me look tupid and vindicating the employe i was very stressed by this and also their isthe serious potential of reputational damage in my local community and the fact that my case detalis were i was afforded no opportunity to give my side to vindicate my name is ***** ***** used as examples in other cases and availablle to a wide range of people,I am gutted this published determination ,if it showed 2 sides to the case with both parties given oportuntiy to discuss fair enough ,but it was strictly in favour of the employer and showed my full name and address, I have still not gotten over the humilitation, their were also a lot of rumours going around village that I must have hit a child... can you imagine how I felt,I no I cannot prove rumours but the publication of this determination left be wide open for ridcule.
cnt get into rating hope you have received the reply
Has anyone contacted you to say they saw your details please?
no ,only my sister told me she seen them and printed it off for me ,
sorry was informed that another creche did see these details and then sought the help of my previous employer in help with an unfair dismissal case ,i dont think this person will give any official evidence and this paragraph is highly confidential and cannot be posted
What is it you want to achieve?
That the EAT admit liability that they disclosed the information,remove my details from the uk website so that they cannot be used as an example in further cases,correct the decision that was published by just giving fair procedures so I can have my name vindicated and or offer compensation but still removing my case details.
Ok -you want to seek a claim under the Data Protection Act?
Section 14 states
(1)An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.
(2)An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that distress if—
(a)the individual also suffers damage by reason of the contravention, or
(b)the contravention relates to the processing of personal data for the special purposes.
You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Ok thank you
Can I help with anything else today?