It is a very long story and not one for posting on this forum, but essentially I have found out that a previous employer has held records about my employment and given them out to a third party without my knowledge. I only found out when the third party contacted me. I have made three formal complaints and eventually the last one told me they were within their rights to not tell me and to give the info out and they will continue to hold the record for a long time. I am looking into whether they can continue to do this or not and also I feel the info they are holding is unfair and damaging to my character.

If there are any solicitors on here who think they may be able to help or direct me in the best way to finding a local solicitor/advice I would be very grateful. I’m not sure if its employment or civil rights that I need?

I think you are thinking about the data protection act rather than freedom of information. But not a lawyer so can’t offer any furter advice I’m afraid.

Thanks olddog even that is helpful

Yep, DPA issue. Complain to Information Commissioner.

But make a Subject Access Request first, you are entitled to see any information they hold on you. (well it’s more complex then that, but in a nutshell)

And have a good hard look at your previous contract of employment.

P.S You are also entitled to ask them to correct any incorrect information they hold on you, but in practice that’s difficult.

Thanks hels, I have a copy of the info they have held, there are things I am not happy about but I’m not sure how to proceed against them to ensure it is changed or removed. I am going to try CAB on Friday but they might advise me to go and see a solicitor? Not engaged a solicitor before so don’t now how it all works

What third party and why? What type of info? Deffo check your original employment contract with them.

Yep, DPA issue. Complain to Information Commissioner.

But make a Subject Access Request first, you are entitled to see any information they hold on you. (well it’s more complex then that, but in a nutshell)

^^This^^

DPA SAR procedures are pretty clear cut, but that’s your first step.

Well, did they pass along non-facts ? For example did they say you had 29 sick days when you had 3 ? Or was it just opinion e.g. they said you had a bad attitude or something ? That kind of thing is trickier as it’s an opinion so not as clear cut.

Also, can you prove that actual harm was caused ? Again for example can you prove that it led to a job offer being withdrawn ? It’s a difficult area. This is just advice but have a think about these things, and yes def go to see CAB.

My personal advice is stick to the verifiable facts, you won’t get far with what could have happened. Hope that helps ! And pursue it !

Thanks all, very helpful. It is quite complex and whilst its not opinion based its worded from their point of view without any input from me. So it is unfair in that respect.

I’ve persued it three times now and started to get some answers but because its local government I think they are hoping I’ll go away. I’ve told them I will be seeking legal advice following their latest response, they’ve not replied since and my last complaint had got up to assistant director level.

From experience on that side of things, I am absolutely sure they are hoping you will go away, it’s usually the first line of defence in large organisations. Stick in, politely of course.

Thanks hels, i am going to see cab tomo and will go from there. Comments much appreciated