Your employer will have to process certain information about you and other employees in order to monitor employment history, performance, and health and safety amongst other criteria.
However, this information must be collected and used fairly, stored safely and not disclosed to any other person unlawfully. In brief, your employer must comply with the Data Protection Act 1998.
Data protection legislation can be used to your advantage in relation to Employment Tribunal claims. Submitting a ‘subject access’ request for personal data can help you to determine whether or not you wish to issue a claim. If you have already issued a claim then a subject access request may assist you at the disclosure stage of Employment Tribunal proceedings by uncovering documents that add weight to your case.
If you wish to explore the tactical advantages of subject access requests, if you believe that your data protection rights have been, or are being compromised, or you simply want more information about data protection law, do not delay in contacting us.
We have a number of lawyers across the firm who advise on data protection and freedom of information act issues. You can rely on us to provide swift, cost effective and expert guidance.