How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50202
Experience:  Qualified Employment Solicitor
Type Your Employment Law Question Here...
Ben Jones is online now

Ben I have a question about gaining information about

This answer was rated:

Hello Ben
I have a question about gaining information about me from a former employer using the Data Protection Act.
During my employment I was put through a disciplinary in retaliation for a grievance I lodged about bullying and discrimination - after a lot of stress/bad practice on the part of the employer I left my job and was made redundant from another I had with them.
I wrote to my employer recently asking for a copy of my HR file to as I was concerned about future references, and interested in any information they had about the problems I suffered etc etc.
I sent a given a copy of this file within the 40 day limit but all of the info related to the grievance/disciplinary and OH information around it (I have an illness protected under the Equality Act which was exacerbated by the stress of their behaviour towards me) has been excluded. So it basically has a lot of information pre-these issues and then there is a 18 month gap until my resignation email.
My question is a.) are they allowed to withold this information and b.) if the information contains reference to other people are they allowed to withhold it and if so can I at least ask for redacted versions? Is there a way I can get the info I want without them hiding it elsewhere eg. not in my HR file.
thank you.
Hello, you are indeed able to request personal information held about you by the employer under the Data Protection Act. If they have withheld certain documents then you can ask them for the reasons behind that. If the reasons are that the documents contain information about others and disclosing it would breach their data protection rights, you can ask for redacted versions where that personal information is removed, blacked out, etc The issue here is that you cannot force them to do this and if they refuse to provide the requested information you will have to consider your next steps. You could report them to the Information Commissioner’s Office but they do not always get involved with isolated cases like this. The other option is to take them to court if their breach has resulted in losses, however you will have to show that you have actually suffered losses as a result of their failure to disclose the information. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Ben Jones and other Employment Law Specialists are ready to help you