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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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dear solicitor,made complaint to data commissioner in oct 2013

Customer Question

dear solicitor,made complaint to data commissioner in oct 2013 about my unfair dismissal case with my name and address been available online.rang on enquiry for update recd letter of apogoly for oversight and saying that they were dealing with the complaint in apr 2014 ,further rang several time for updates they said waiting on specificis of case in feb 2015 had enough and told them i would make a complaint about their service,recd email saying they have raised the issue with the EAT.
the data commissioner was sent printout of web page showing my details from a uk legal diary and printout of search that brought up these details .ie the company name.After approx 4 weks the data commissioner rang to same they cannot access the uk diary,and that they are in receipt of a letter from EAT saying they admit no liability and did not disclose the information.The data commissioner pointed out that a public register is available to which i replied are you saying a uk company comes to ireland to take information from a public register ,answer was well it is available .My actually case details on the workplace relations websit does not show my name or address or that of the employer which has been pointed out I have also sent email to data commissioner showing home page of uk company saying it is in receipt of case from the EAT.It was also raised with the data commissioner that as i live in a community this was available to a lot of people to see considering the determination of my case were I was not given fair proceduresCASE Statue barred under section 8... EAT did not establish if I was dismissed unfairly or constuctively,I was not allowed to discuss.
The data commissioner has said that a report wil be done up based on previous similar cases.I dont understand this ,it appears that word of mouth from EAT is acceptable and I feel they are going to make it into me having to seek a judicial review which is expensive and a scapegoat.
What I am looking for from you is advice in how to word ,how to try and make them give me fair procedures considering I have proved the validity of my complaint surely it should not now be a matter that the EAT can just saay didnt do ,case closed
Regards Jackie
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello Jackie my name is ***** ***** I will help you with this.

Alex Watts :

What loss did you suffer as a result please?

JACUSTOMER-a3eiris9- :

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.

JACUSTOMER-a3eiris9- :

regards jackie

JACUSTOMER-a3eiris9- :

cnt get into rating hope you have received the reply

Alex Watts :

Has anyone contacted you to say they saw your details please?

JACUSTOMER-a3eiris9- :

no ,only my sister told me she seen them and printed it off for me ,

JACUSTOMER-a3eiris9- :

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

Alex Watts :

What is it you want to achieve?

JACUSTOMER-a3eiris9- :

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.

Alex Watts :

Ok -you want to seek a claim under the Data Protection Act?

Alex Watts :

Section 14 states

Alex Watts :

(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.

Alex Watts :

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?

JACUSTOMER-a3eiris9- :

Ok thank you

Alex Watts :

Can I help with anything else today?

Expert:  dianne-cssm replied 1 year ago.
"We received your customer service inquiry, however, we are unable to respond to you because we do not have your email address. Please contact customer support at [email protected] co.uk and provide us with your email address and a link to this question page so that we can help you. (http://www.justanswer.co.uk/law/8z0h9-dear-solicitor-made-complaint-data-commissioner-oct-2013.html). Thank you, ***** ***** Customer Support Team.
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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