FYI
-----Original Message-----
From: Broom, Doreen
Sent: 21 June 2007 17:05
To: 'Lynda'
Subject: RE: Query re Subject Access Request
Lynda
I would suggest that you wait until an investigation has been carried
out and I think you do owe a duty of confidentiality to the contractor
whether the volunteer knows about these or not. I had this type of
thing here - it was against an existing employee by other employees and
a contractor.
After the investigation was carried out, it was found that there was no
case to answer and the papers are destroyed. If the case goes to a
Tribunal, then the papers would have to be disclosed.
I hope this helps,
Doreen
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Lynda
Sent: 21 June 2007 15:01
To: [log in to unmask]
Subject: Query re Subject Access Request
We've recently had a grievance placed by 2 contractors (who may well
be 'workers' or employees - investigating this now) about another
postholder - a volunteer (1).
One grievance alleges bullying, harassment and defamatory emails
designed
to discredit and undermine and is backed up by several written documents
and copies of emails illustrating this. There is also a further
grievance
from another contractor alleging similar and an email from another
volunteer (2) at managerial level who is aware of the situation and is
giving full support to the grievance. The grievance is ongoing
currently
We have now recieved an email from the volunteer (1) demanding to see
full
copies of the emails from the 3 individuals above otherwise they're
threatening to put in a Subject Access Request. They are aware of the
emails and names of individuals who sent them due to a breach of
confidentiality which we're currently addressing. The contractors have
given us permission to send the volunteer (1) a summary of the content
of
these emails but do not give us permission to send the emails in their
entirety. They are worried about further bullying and harassment if
their
emails are forwarded.
In view of what the volunteer (1) already knows, it is impossible for us
to anonymise the emails by removing the name of the contractor and any
identifying data as the volunteer (1) will know who wrote them.
I'm aware that there is a duty of confidentiality between employer and
employee but not sure how this applies to employer and contractor in
this
situation.
Does anyone have any advice to offer? We don't have a lot of experience
in this field! Are we entitled to withhold the emails should a SAR be
submitted and should we even send a summary at this point? We will
obviously be summarising them to use as supportive evidence during
grievance meeting.
Thanks in advance
Lynda
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