Free Traffic Legal Advice
Live cases legal advice => Non-motoring legal advice => Topic started by: Mayhem007 on June 22, 2025, 07:27:37 pm
-
Email retention policies will depend on the company and the nature of its business. But most companies (IME) now use some cloud-based email system, whether from Microsoft, Google or other. With these systems, deleting an email or even clearing your deleted items/trash folder doesn't actually delete them. They remain available (for legal reasons) for up to 7 years, depending on how the system is configured. Clearly only certain people can get access to these "deleted" emails, and only under certain circumstances, e.g. legal proceedings have been initiated and old emails are required in the discovery process. So it is possible, is not technically difficult, but is deliberately not easy from a legal/procedure point of view.
-
So my DSAR was requested in accordance with the regulations laid out in the GDPR.
I am not disgruntled, but extremely confused and simply want to know the facts, as to why my line manager refused to accept my resignation withdrawal. It will give me some closure and the opportunity to improve upon on any alleged failures.
The DPO asked for my mobile number over a week, so that she discuss my requested for deleted emails. As of she has not contacted me.
It has been 37 days, since I made the original request.
-
Nothing is deleted that easily, the mail server will be backed up nightly, there should be multiple backups of the months in question.
Restoring data to an offline mail server will be standard practice for a server administrator it’s relatively common to have to do so for legal or contractural enquiries, who said what, errors and omissions etc.
However it involves a lot of IT time, I have no idea how obliged any previous employer would be to do so merely at the request of a disgruntled ex employee.
-
So I know a relatively new fellow colleague from another one of our other sites, sent me an email to myself and carbon copied my line manager, which was not included. Therefore, either by design or natural process of clearing anything from their sent folders or inbox has not been included in the IT software engineers search.
There is a variance between deleting and permanently deleting emails, I still believe there is a trail of breadcrumbs that IT can reveal, either way.
Also, whilst the company may feel that they have complied, and to some extent may satisfy the GDPR regulations is somewhat debative.
Why do I want to have the emails divulgedto me; simply I want some disclosure. I, also want to know if I have grounds for bringing a civil case against my line managers for libel.
-
Hi All,
So I made a subject access request for emails that entailed information about me, between certain persons, for the last 6 months.
The company Data protection officer finally sent the information through. The relevant PDF only contained 1 email. I know for a fact that there were more and therefore other emails had been deleted, which means the company's IT department did not include in their search.
Am I entitled to request that the company searches for deleted files.
You can request deleted files, but if they're deleted then I don't know what you expect the company to send you. If a subsequent search shows that (for example) emails prior to 2 months old were deleted prior to your initial request, then they're gone. The company isn't under any obligation to attempt to recover them if indeed that was even possible.
You say you know for a fact that there were more emails, but the issue is how you prove this. How did you word your request?
For example, if you asked for 'emails between person A and person B regarding Mayhem007' then IT may have run a search for emails that contained your name. but if Person A and B had a chat about you in an office and a later follow up email just said 'regarding today's chat, I agree the next step is to force the person out' then that wouldn't have shown up.
Basically, put yourself in a neutral arbitrator's shoes - if the company says 'we searched and this is all we got' and you say 'no i know there's more than that' then their next step will be asking you how and why the company is not to be believed. And you'll need some actual evidence for that.
-
Hi All,
So I made a subject access request for emails that entailed information about me, between certain persons, for the last 6 months.
The company Data protection officer finally sent the information through. The relevant PDF only contained 1 email. I know for a fact that there were more and therefore other emails had been deleted, which means the company's IT department did not include in their search.
Am I entitled to request that the company searches for deleted files.
-
Many thanks to all that have taken the time to reply to my post.
I am no longer in the business as of today.
Southpaw as expected provided extremely valid comments.
In terms of a subject access request, it wasn't about bringing into disrepute my line manager. It was genuinely about having some understanding of their reason to accept my resignation and refusing to accept my resignation withdrawal.
I really wanted disclosure, to see where I went wrong.
However, having been put in a situation where my line managers may have been frustrated by, my following company procedures, I compiled a whistle blowing document to the top people. And yes before you all shout and say this is an attempt to get my job back...I am not interested in being reinstated as it would be conceived as blackmail. Yes I would very much like my job back, but only on the value of what I can provide the company. My line manager has no engineering skills and is a regional maintenance specialist. Her line manager has also no engineering skills.
Anyway, in essence I don't expect any responses, since you have all done more than enough and I thank you all for that.
-
they admit they are short staffed and "actively recruiting an additional team member" but are happy to lose an existing employee WTF??would this not give weight to a constructive dismissal claim. it smells of victimisation
Or to put it another way “yes, a troublesome employ resigned and we were glad to see them go”. Constructive dismissal is a difficult claim to win (as it happens I have never found for a claimant claiming constructive dismissal - I have won such claims for people though). It would need a careful review of the evidence to give a halfway decent assessment.
-
they admit they are short staffed and "actively recruiting an additional team member" but are happy to lose an existing employee WTF??would this not give weight to a constructive dismissal claim. it smells of victimisation
-
Ok?
-
On 16th May applied for a 4 day a week as the previous month I received my state pension. On 29th May I received a letter with the below partial quotation of that flexible meeting:
'Having given the matter thorough consideration, I regret that, at this moment, I am unable to agree to your request. Implementing this flexible working arrangement would mean that the work cannot be reorganised among other staff due to current staffing levels, as we are understaffed and actively recruiting an additional team member.'
-
How would a SAR establish what went wrong?
-
I genuinely do not know why they refused to accept my with drawal. I have not been given any warnings or informal warnings. I have recently refused to work on high voltage switchgear, as we don't have the appropriate PPE.
I've pretty much accepted that the company will not change their mind, as my job was advertised internally, yesterday.
I don't know if it would be of any benefit to me, to put in a SAR, and try to establish what went wrong. Do I have to have a genuine reason for a SAR.
-
good point
-
I'm no expert on this and SP may well know have the answer.
I would have thought the basis of a constructive dismissal case would be the company actions that drove an employee to to submit a resignation in the first instance. The fact he tried to recind imo would be in his favour and the company's decision not to allow it would strengthen his case?
I think the spin the company would put on it would be that his attempt to revoke his resignation would indicate that there had been no breakdown in mutual trust and confidence.
-
I'm no expert on this and SP may well know have the answer.
I would have thought the basis of a constructive dismissal case would be the company actions that drove an employee to to submit a resignation in the first instance. The fact he tried to recind imo would be in his favour and the company's decision not to allow it would strengthen his case?
-
Okay if the content is as below, would this constitute it being in writing. Notably, the content does start of Dear Name.
It is with some regret that I am handing in my resignation, as of today the 23rd June 2025.
By my reckoning, due to the 6.5 days holiday and one day unpaid holiday, my last day will be on 11th July lunchtime
If the company still wishes me to attend the wiring regulations course, on 1st July, I am more than willing to attend.
Kind regards
My name
Per Ardua Ad Astra
Through Adversity to the stars
-
Arguably, an email is "in writing", as opposed to verbally.
-
I'm not trying to bump this topic. However, it states in my contract the following verbatum
'All notices of termination of employment, whether given by us or by you, must be given in writing'.
-
I agree that constructive dismissal is out of the question given that I sent an immediate withdrawal.
Heat of the moment is face to face, so protection there under case law.
Regardless of issues in previous empoloyment that discussion is pretty much mute.
As Southpaw states I mentioned a date in the email, however I retracted my resignation before that date. So in essence, I retracted the resignation the day before it would have[presumeably] come into affect.
However, I realise the law provides that a employee has no right to have acceptance, by an employer, of his withdrawal. Since, this would create ambiguity.
Strangely, my contract has no statement in place for personnels' resignation. The company also don't have any procedures or guidelines to follow: for managers or personnel to adopt or conform to.
,
-
Giving notice of resignation under your contract of employment is not compatible with claiming constructive dismissal.
I agree to the extent that it makes it harder to convince the ET that you had no choice but to resign. However, legally it’s not a bar and I have seen cases succeed even with notice.
-
There’s a history.
I didn't know that. It might explain why the company didn't do what I'd expect in this situation and allow OP to withdraw his accidental resignation
But he’s resigned.
Yes but he wants to be 'un-resigned'. Giving notice of resignation under your contract of employment is not compatible with claiming constructive dismissal.
-
I remember the OP posting previously about his employment issues (problem with a manager iirc)
@mayhem were you off sick with stress or a medical diagnosis that was attributed to the issue which may (or may not) help in a constructive dismissal claim? you have obviously had more issues since your previous incident.
-
I can't see how constructive dismissal could have any relevance to this
There’s a history.
it wouldn't help OP as OP doesn't want to leave.
But he’s resigned.
-
I can't see how constructive dismissal could have any relevance to this but in any case as constructive dismissal requires the emploiyee to leave their employment before bringing a claim for compensation it wouldn't help OP as OP doesn't want to leave.
-
The case law on notice all relies on no date having been given for resignation. However, you did give a date so it doesn’t assist you.
Once notice has been given (whether orally or in writing), it cannot be unilaterally withdrawn and the contract will come to an end when it expires — Brennan v C Lindley and Co Ltd 1974 IRLR 153, NIRC.
It’s not looking good for you. Any argument would have to rely on you not having formed an intention to resign - though that would be based on what you actually said, not what you meant.
-
Well what a blast from the past. Love your signature statement, see you havn't lost you dry sense of humour.
Generally do work on my home laptop and email it to my work laptop. In this case I think I got a wee bit mixed up, but in my defence I have a new laptop and it doesn't have a breathyliser attached to it. :)
They had a meeting yesterday and I requested that she contact me and let me know if they would accept my withdrawal. Give her dues she phoned me, however said that she wasn't going to change her mind. There is so many boring details to tell you, but wouldn't to put you through that pain.
It is an absolute weird situation, whilst the accidental email was sent on the Saturday 21st June, the actual wording was 'as of today [Monday] 23rd June I am resigning from the company. I recived the acceptance on Sunday 22nd June and it was one of those Oh F**K moments, immediately sent a reply back stating it was an accident and I wanted to withdraw it.
I know I probably might not have a leg to stand on. All the maintenance technicians are just as surprised as I am, as it has an impact on them.
Yeah, the idea of constructive dismissal occurred to me to, and I have various thoughts on this. Trouble is I like the woman, but she has no engineering skills and relys on us mere mortals to do her bidding
-
Not an expert in employment law, but reading slightly between the lines, and recalling your previous thread, regardless of whether you accidentally sent a resignation letter that you obviously did not accidentally draft, the obvious question would seem to be whether or not this is a case of constructive dismissal.
-
So on the Saturday 21st June 2025 formulated a resignation letter due to some anxiety and stress.
Typed the email stating that I was resigning from the company and it was pre- dated Monday 23rd June 2025. This email was meant to go to my draft folder, unfortunately, I sent it. What to consider if I was absolutley sure.
I received an email from my boss accepting my resignation. I immediately emailed that I accidentally sent this under anxiety and stress and I wished to withdraw the resignation.
Having looked at the law, I'm pretty much screwed, as I apparently have no protection under employment law. There may be a glimour of hope that my withdrawal is the day before the actual resignation date.
Your advice would be most appreciated