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Tribunal data protection

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  • Tribunal data protection

    Hi everyone ,hope someone can help me out .
    im taking my former employer through tribunal for constructive dismissal and breach of contract and we are just two weeks away from the two day hearing ,I am a self litigant with absoloutely no idea what's to come .
    The respondent has stalled requests for documents and sent numerous re done copies of the shared court bundle via email.each time they delay my documents I have to wait for the new bundle to come so I can re check all my cross reference pages .
    Its been one excuse after another I feel it's been tactics to our me off.we finally exchanged statements today but I'm not satisfied with mine really ,it was due in in the 8th.
    Long story short acas conciliators called me yesterday to say the respondents had indicated their clients (local authority )were weighing up whether to sign up a barrister or make me an offer to settle .
    I havnt heard anymore today but I'm just concerned at the lack of time to hearing ,what are the chances that they will come to an arrangement at this late stage.
    Also I'm angry that when my ex employee sent me a copy of my training records they also had extracts from both my son's training records as they both work for the same LA in different departments .
    Surely this is data protection .
    Also amongst my personel file they named a former colleague of mine over an alleged theft allegation and stated the police may arrest this ms.xxxxxx at a later date .
    There were two alleged disciplinaries held on my file which were both unproven and no action was taken against me ,but I am under the impression that they can't hold unproven disciplinaries on file .
    What should I do about these issues .
    Tags: None

  • #2
    Hi Pandaface can I just ask that for those of us trying to help you with your questions as you go through your Tribunal claim that you keep all your posts on one thread, it will make it a lot easier to be able to provide you with the relevant advice without having to refer back across multiple threads. I appreciate you are going through a daunting process as a litigant in person so this would just help us to help you

    It is often that at points along a tribunal process an organisation will look at the commercial implications of continuing with the costs of their legal representation versus trying to come to a settlement and it is not unheard of for this to still be the case hours leading up to the actual time of the hearing. So what is happening now is not unusual so do not be concerned about the lack of time, although I would suggest that you carry on preparing for the hearing just on case a settlement cannot be reached.

    In regard to the other issues you have raised I appreciate that they do raise concerns over firstly how they handle employee data and the fact that disciplinaries which resulted in no action being taken are still held on your file. However, I would ask whether they are currently material to the claim you have in hand? If they are not then maybe consider what action you want to take once you have settled the claim or after the hearing.

    In regard to the employee data then I believe this would be a report to the Information Commissioner's Office (ICO) and in the case of the non-disciplinaries this would be a request to your employer to find out why they were on file and to request their removal and confirmation this has been done.
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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    You are braver than you believe, smarter than you think and stronger than you seem.



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    Comment


    • #3
      Thanks for your advice and I am sorry I seem to be posting incorrectly I'm just a sliver surfer so not very good with these things.
      The claim covers a string of incidents and acts of omissions over a period of 5/6 years by which time I had enough and realised my working situation was impacting my private life.
      my hearing us scheduled for two days mid sept and I'm going alone so I want to be as prepared as possible .
      Am I correct in thinking I need to take two extra copies of my own witness statement to the hearing to give to the clerk ?

      Comment


      • #4
        Yes you are correct you will need to take two extra copies of your witness statement to the hearing for use by the Tribunal.
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment


        • #5
          So day one of my self represented hearing and all went well until mid afternoon break when I had just finished being cross examined by the respondents legal team.
          ​team.
          Their barrister came into the waiting room where I was alone preparing my final questions for the respondents witnesses and basically said I've no chance at all of winning and he has been instructed to inform me that if I go to day two with proceedings they will seek a cost order against me for over £20.000 if I lose tomorrow .
          I was given just 5 minutes to make up my mind .
          There's just no way I could justify losing that sort of money and my claim if successful was only for £14.500.
          I had to admit defeat and withdrew my claim.
          The respondents had cherry picked all documents and there were lots and lots missing from my personnel file .
          I agreed reluctantly on condition he makes it perfectly clear to the respondents that they should take this experience as a learning curve and consider themselves fortunate that I couldn't afford a lawyer .The next person may be in a better position to follow their case to its natural conclusion .
          It was a useful experience and I don't regret doing it but I would say expect the unexpected

          Comment


          • #6
            Thank you for the update and unfortunately not an unheard of tactic by a represented respondent when the claimant is not.

            I am glad that you are seeing this as a useful experience despite the circumstances of the outcome.
            If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

            I do my best to provide good practical advice, however I do so without liability.
            If you have any doubts then do please seek professional legal advice.


            You can’t always stop the waves but you can learn to surf.

            You are braver than you believe, smarter than you think and stronger than you seem.



            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Comment

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