Loss of employee records

[NameChange101113]

I was dismissed due to my sickness absences (which was mostly disability-related). I made a number of SARs to build evidence for my employment tribunal claim against my former employer. I specifically asked for a document, which is a key piece of evidence that highlighted the start of the disability discrimination I had faced.

I’ve received an email from my former employer saying that they do not have it in my “HR files”. However, I watched my line manager fill out this document on a screen, so I know it existed.

I’m concerned because I thought my former employer had to keep my records for 6 years. Out of all of the documentation that I requested, that’s the only one that’s missing. I only left the company three months ago.

I’m getting the impression that they are either hiding this evidence from me, or they have been negligent with their paperwork. Neither of these will look good for them.

What can I do about this, if anything?

You respond saying this form was filled out in by presence by (name of line manager) in my presence on her (laptop/PC) in (her office) on (date or approximate date) and could they ask their IT department to ensure it is retrieved and disclosed.

Thank you! I’ve already highlighted most of this, except for the date as I can’t be certain of that, it’s only the month I can be certain of