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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 73475
Experience:  Qualified Employment Solicitor
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Are past employees able to request documents and information

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Are past employees able to request documents and information under FOI relating to their employment that had been concluded 8 months earlier?
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: It was not discussed it was received by email
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: employees
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The employee left after handing in their notice and then going on three weeks sick leave

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Are you a private or public sector employer? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 12 days ago.
Private

Thank you very much for clarifying. The FOI Act only applies to public sector organisations. What have these ex-employees asked you to disclose specifically?

Customer: replied 11 days ago.
Apologies - I Used the incorrect term. The request was based on the 2018 GDPR I shall upload a copy of the request which comes from an email address and provides no regular postal address.

ok thanks

Hi, any luck with providing the required informaiotj please so I can proceed with helping you?

Customer: replied 11 days ago.
I have the document but the App keeps freezing. I will send it from my PC in around an hour.
Customer: replied 11 days ago.
Please see the attached PDF - for confidentiality; names, email addresses and other personal information have been redacted.

Thank you. This is a standard subject access request under data protection laws and the employees. Whether past or present, have the right to request it. Any person has a legal right to request a data controller (someone who holds personal data about them), to request that date to be disclosed to them. Once the request is received, you have 30 days within which to provide the requested documentation.

All you are required to disclose is personal data about that individual, so if there is any data about others in these documents, you can either omit those, or redact them to preserve the confidentiality of others.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 10 days ago.
Thank you - I have three questions; 1. is it ok for someone not to provide their address when make the request 2. can a charge be levied for providing the information 3. As the person requesting the information has already had copies of documents in the past (policy is to hand copies to them) do we have to provide them again?

Hello, thank you for your further queries, I will be happy to answer these:

Yes it is possible for no address to be provided but if you need that in order to send the documents or for identification purposes, you can ask for it

Not ordinarily – only if the request results in excessive paperwork and something that is considered way more than reasonable – we are talking thousands more likely, rather than hundreds of pages

Yes as they may no longer be in their possession

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