"Under a SAR the employer is obliged to provide copies of all personal data held on that subject. This involves an obligation to make all reasonable efforts to check for relevant information and disclose it. If, as in your example, there are e-mails which are no longer in existence and not recoverable on the employer's system cannot be disclosed, even if the employee has hard copies. If an employer were to claim that something has been destroyed without taking reasonable attempts to check backed up systems they may be said to have failed in their duty of disclosure."
My answers
:-) Thanks for that, Peter - a Punk Rock HR classic. And re finding the wine farms first - got to get your priorities right.....
Esther Smith replied:
"Under a SAR the employer is obliged to provide copies of all personal data held on that subject. This involves an obligation to make all reasonable efforts to check for relevant information and disclose it. If, as in your example, there are e-mails which are no longer in existence and not recoverable on the employer's system cannot be disclosed, even if the employee has hard copies. If an employer were to claim that something has been destroyed without taking reasonable attempts to check backed up systems they may be said to have failed in their duty of disclosure."
Try this article entitled 'Legal Insight: Preparing for the Agency Worker Regulations' - hopefully it might help....
Hopefully you'd get a bit more interest now as it's truly become everyone's concern - if it wasn't in a social responsibility kind of sense already.
Interesting point about pressure being different to stress - doesn't one tend to lead to the other though? Or is that a fallacy?
It would seem that leading by example is a crucial as it ever was - and that applies to News International too......