Withholding Employee Data Unlawful

Summary

It is generally unlawful to withhold or manipulate data in response to a Subject Access Request (SAR) or during disclosure in an Employment Tribunal (ET) case. Employers must comply with GDPR and the Data Protection Act 2018. Full and honest disclosure is required in ET cases, and non-compliance can result in legal consequences. If an employer asserts compliance, it is important to verify this by contacting the Information Commissioner’s Office (ICO) and possibly consulting a solicitor specializing in employment law.

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Is it within the law to withhold and manipulate an ex employees data for a SAR or evidence regarding their ET case for disclosure?
Generally, it's unlawful to withhold or manipulate data in response to a Subject Access Request (SAR) or during disclosure in an Employment Tribunal (ET) case. Key points include:
- Data Protection Laws: Employers must comply with the GDPR and Data Protection Act * in the UK.
- Disclosure Requirements: During ET cases, full and honest disclosure is required.
Failure to comply could result in legal consequences for the employer.
Could you let me know your location to provide more specific guidance?
Uk
It's generally unlawful to withhold or manipulate data in response to a Subject Access Request (SAR) or during disclosure in an Employment Tribunal (ET) case. Here are some specifics:
- Data Protection Laws: Compliance with GDPR and Data Protection Act * is mandatory.
- Disclosure Requirements: Full and honest disclosure is required in ET cases.
- Consequences: Non-compliance can result in legal consequences for the employer.
Have you already submitted a SAR or filed for an ET?
Yes
Since you've already submitted a SAR and filed for an ET, the next steps would generally involve ensuring that your employer complies with the legal requirements. Here are some actions you might consider:
- Follow-Up: If the employer hasn't complied, follow up with them, reminding them of their legal obligations.
- Report: You can report non-compliance to the Information Commissioner's Office (ICO).
- Legal Advice: Consult a legal professional to discuss the specifics and possible further actions.
Would you like more details on how to report to the ICO or need guidance on the next steps?
The employer has just said they are within the law when I followed up
It sounds like your employer is asserting compliance. Here are some steps you can take:
- Document Everything: Keep detailed records of all communications.
- Contact ICO: Report the issue to the Information Commissioner’s Office (ICO).
- Seek Legal Advice: Consult with a solicitor specializing in employment law.
Would you like more details on how to contact the ICO or need recommendations for legal advice?
What does asserting compliance mean?
"Asserting compliance" means the employer claims they are following the law or regulations relevant to your request. This does not necessarily mean they are correct, so it's important to verify their compliance.
Would you like more information on verifying their compliance or on how to contact the ICO?
Yes
To verify your employer's compliance:
- Contact ICO: The Information Commissioner’s Office can investigate your complaint.
- Proof of Compliance: Request your employer to provide evidence of compliance.
- Legal Advice: Consider consulting a solicitor specializing in employment law.
~ICO Contact Information
Phone: * * *
Website: www.ico.org.uk

Would you like assistance finding a solicitor?
Yes
Since you need assistance finding a solicitor, I recommend reaching out to a professional specializing in employment law. They can guide you through the legal process and help you verify your employer's compliance with SAR and ET requirements.
Would you like information on how to find a solicitor in your area?
Yes
To find a solicitor specializing in employment law in the UK, you can visit the Law Society's website, which maintains a searchable database of solicitors:
~Law Society~
Website: www.lawsociety.org.uk
Would you like more information on how to navigate this website or any other assistance?