Use of subject access requests in employment disputes
Despite the Court of Appeal case of Durant v FSA making it clear that employees should not use subject access requests (SARs) to embark on ‘fishing expeditions’, it would appear that employees are continuing to do just that. SARs are often used as a mechanism for pre-action disclosure by current or former employees for the purposes of actual or intended litigation.
While the Civil Procedure Rules and the Tribunal Rules require employees to demonstrate the relevance of documents disclosed, no justification is required to submit a SAR. Plus at a cost to the employee of just £10 (which many employers choose to waive), it is a relatively easy and cheap tactic for employees to use.
In contrast, employers face the time-consuming, costly and complex process of searching through large amounts of computerised and non-computerised data. If an employee insists that they want all personal data relating to them, subject to the exemptions outlined in this briefing, there is little the employer can do other than to undertake an exhaustive search. When made in the midst of a dispute or with a dispute on the horizon, along with the threat of enforcement by the Information Commissioner’s Office (ICO), the pressure on employers can be intense…
If you are registered and logged in to the site, click on the link below to read the rest of the Taylor Wessing briefing. If not, please register or sign in with your details below.
News from Taylor Wessing
News from The Lawyer
Briefings from Taylor Wessing
For the tax year from 6 April 2014, the standard lifetime allowance has reduced from £1.5m to £1.25m.
One of the areas highlighted last year by the Regulator was the regulation of workplace DC pension schemes.
Analysis from The Lawyer
As the equity capital markets rocketed back into favour and global M&A saw at least a partial return to form, there have been some rich pickings for The Lawyer’s Corporate Team of the Year award shortlisted firms in 2014.
The city-state is working hard to become a global wealth management hub, and law firms are gearing up for a prosperous new world