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[NameChange101113]

I made a number of SARs to build my case evidence for different types of disability discrimination and unfair dismissal, and it turns out the company does not have some of the documents I have specifically requested.

Conveniently, it was crucial evidence I needed for my tribunal claim. I know this document exists because I watched this document being filled out.

I’m getting the impression that the company has even been negligent with their documentation, or they are hiding evidence from me.

I challenged them by expressing how the documentation should have been kept for six years after my employment ended… The company has not responded as of yet.

Is there anything I can do, or at least try?

Raise a complaint specifically asking for the document in question and ask why they have not got it if the retention period means they should. If they are not forthcoming with a satisfactory response, then you complain to the ICO, details of how to do so will be in the privacy notice or just Google. Make sure you exhaust the complaints process with the company first to have a clearer case to present to the ICO. The ICO complaint process also takes months.

Thank you @piloqeula. I’ll file a complaint to the ICO if they do not provide me with a response. I need the documentation as evidence for my tribunal case, which is very frustrating.

I’ll look at if the tribunal has any powers to insist on the documentation, you never know, it might magically appear then…

@piloqeula I sent the email and received an arsey response. Will have to contact the ICO now…

Sorry to hear that, what was their response?

They completely avoided what I had written, and said that lots of work was put into recovering my documents.

They did not mention the missing document or whether they would ask the ICT department to recover it, even though I asked if that could be undertaken.

It doesn’t look good on their part if they have lost the document, it’ll look even worse if they are omitting evidence deliberately.

I’m really not sure what to do about it now.

So I would be tempted to go back (in writing) and get them to confirm that they are not complying with the SAR, really put them on the spot, ask to escalate it as an official complaint and tell them that if they cannot give you a satisfactory reason as to why they cannot issue the SAR that you will be issuing a complaint with the ICO. I will warn you though the ICO are as useful as a chocolate teapot and will take months to respond, but it may put a bit of fire under them if they are not very familiar with them.

Thank you so much for your help!