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From garage to unicorn – Employment law lessons for scaling tech teams
Catherine Bourne
New report by international NGO “Blueprint for Free Speech” says UK whistleblowing law is inadequate and proposes reform.
You have the right to request a copy of personal information that you believe an organisation is holding about you. This is known as a subject access request (SAR). It is important to ensure that the scope of your request is well considered, so that you receive the data you are looking for. There are also circumstances in which an organisation can refuse to comply with your SAR. Follow these tips to increase your chances of receiving a prompt response to your SAR and the information you are looking for.
Failing to respond to a subject access request (SAR) can result in a financial penalty from the ICO or an enforcement notice. So while it may seem daunting, and can be time consuming, it is in an organisation’s interest to comply.
In the recent case of Faithorn Farrell Timms v Bailey, the EAT considered the differences between the protection offered by “without prejudice” privilege and protected conversations in pre-termination negotiations. It provides the first appeal decision in respect of protected conversations, which were introduced as section 111A of the Employment Rights Act 1996 in 2013.
Employers should take note that, in Royal Mail Group v Jhuti, the EAT has found that it is not necessarily the mind of the decision maker alone which must be examined when considering an employer’s reasons for dismissing a whistleblower.
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