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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Can a company who have given me a payment to leave their company

Resolved Question:

Can a company who have given me a payment to leave their company use my photo on promotional material such as web page and prospectus. I have opened my own academy and do not want to associate with them
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Did you give your consent for them to use these photos at the time?

Customer:

This may have happened in an original contract 9 years before, I cannot remember but I was asked to leave as they said I was negative, I was waiting for the results of a biopsy and I indeed had cancer, never mind I wanted to leave anyway so took the pay off. I was told not to use any thing form the college, work etc and I was also told that I could not come back to the college for money etc if I was thinking of having them for constructive dismissal. I have been gone 18 months and have my own academy, they are running on a grade 3 from OFSTED and I do not wish to associate with them at all

Ben Jones :

Hi, sorry I was offline by the time you had replied. The first consideration is whether the employer had the right to use your photo and if you had given them consent to do so. Even if this was from an old contract, it may still be valid and the fact you have left this employment will not necessarily change the position. If this was an issue you wanted resolved before leaving then it should have been included as a condition in the settlement agreement that was entered into when you left.

You could have additional rights under the Data Protection Act, specifically Section 10 (Prevention of Processing Causing Damage or Distress (section 10)) - If an individual believes that a data controller is processing personal data in a way that causes, or is likely to cause, substantial unwarranted damage or substantial, unwarranted distress to them or to another, section 10 of the Act provides that the individual has the right to send a notice to the data controller requiring him, within a reasonable time, to stop the processing.

Details of this specific law can be found here:

https://ico.org.uk/for-organisations/guide-to-data-protection/principle-6-rights/damage-or-distress/

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Customer:

Thank you this is very helpful

Customer:

I am trying to rate you response but it will not let me I think your message needs to be the last and then I must rate after this x

Ben Jones :

Hi sorry it should have worked, you may try again lease whenever you have a second, thanks

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