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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50161
Experience:  Qualified Employment Solicitor
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I have left my previous company 6 months ago today. They told

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I have left my previous company 6 months ago today. They told me, out of the blue, that they have to carry an investigation about me watching unappropriate content in the office. They claim to have 6 months of my computer traffic.
They offer me to leave on a Friday, and think about those 2 options:
- Come back monday at 9am for discussing the case that can result in immediate dismissal and bad reference
- Accept to leave the company voluntarily, get 3 months salary, full bonus and clean reference.
I have decided for the latter. They told me they would have been a file for 6 months and then destroy it. Now that the 6 months have passed, have I the right to ask confirmation of destroying them and/or alternatively have a copy of the for my records?
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Was any of this agreed in writing?
Customer: replied 2 years ago.

After I accepted they provided me a letter agreeing the terms of accepting to leave the company voluntarily with the bonus and 3 months salary.

The destroying of my records was answered verbally at the end of the meeting when I bring the letter in.

If this is hat was agreed then you could indeed ask them to destroy this file or give you the contents. The issue is that it was not put in writing and it could be your word against theirs as to what exactly was agreed. However, even if that was the case, you could rely on the Data Protection Act 1998, which gives you the following rights;· The employer, as a data controller, should not retain personal data about you for longer than is reasonably necessary. S you could state that 6 months for this is a reasonable time and any longer would be unreasonable as they have no further use for it. As such they should now delete it· You could also obtain a coo of the data at any time by making a subject access request to them I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.

Hi there,

Thanks a lot.

Can you please explain to me what is "subject access request". Should I send a separate email to the hr ?

Section 7 of the Data Protection Act 1998 entitles an individual to request from a data controller a copy of any information which amounts to personal data about them. The process is known as a Subject Access Request (SAR). If you wish to make a SAR, you need to write to the organisation that holds the data in question. Your letter should include the following information:· Make it clear that you are making a 'subject access request in accordance with the Data Protection Act 1998';· Provide details of the data you are requesting copies of;· Your main personal details - full name, date of birth and address;· Any information you believe the organisation will require to find your information. For example, your employer may need your payroll number The organisation may ask for a fee to fulfil your request, which should not be more than £10. Once you have provided all the relevant information and fee, the organisation must send you a formal response within 40 days. Hope this clarifies?
Customer: replied 2 years ago.

Yes, thanks, ***** ***** clear.

Are both request can be made in the same email or I should do a specific one for the SAR?

do a separate one for the SR
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