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DATA-PROTECTION  June 2007

DATA-PROTECTION June 2007

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Subject:

Re: Query re Subject Access Request

From:

Nick Landau <[log in to unmask]>

Reply-To:

Nick Landau <[log in to unmask]>

Date:

Thu, 21 Jun 2007 15:46:02 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (114 lines)

You have put in your post anonymously. I have commented on this before - I 
assumed that all contributions to this group were attributed.

You want to see the grievance or complaints procedures of organisations - 
after all in any such situation there is the complainant and the complained 
about - there is no getting away from that.

I suppose that the only problem is where a third party might corroborate the 
evidence of one or other party.

I have an experience from 15 years ago where I had a complaint from my 
manager of (unspecified) sexual harassment against (unspecified) individuals 
which had come up verbally at a meeting.

I was requested to attend some training as a result.

I refused as without knowing what I was supposed to have done - and they 
wouldn't tell me - I was not prepared to attend any training.

Going back to the subject, I would have thought that this should be part of 
a grievance procedure and how such statements are dealt with.

I have no particular experience of dealing with such matters, but I think it 
depends on whether you take the matters seriously - or just reject the 
complaints, in which you might just keep them on file.

Others can give you better advice than me.

Nick Landau

Nick Landau's Profile on LinkedIn.com
http://www.linkedin.com/in/nicklandau1

The Numbers Game
http://uk.geocities.com/nicklgreen/Nos_Game

----- Original Message ----- 
From: "Lynda" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, June 21, 2007 3:01 PM
Subject: [data-protection] 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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