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#Post#: 80139--------------------------------------------------
Re: Accidently resigned
By: mickR Date: July 8, 2025, 1:31 pm
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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
#Post#: 80152--------------------------------------------------
Re: Accidently resigned
By: Southpaw82 Date: July 8, 2025, 2:16 pm
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[quote author=mickR link=topic=6931.msg80139#msg80139
date=1751999500]
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
[/quote]
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.
#Post#: 81789--------------------------------------------------
Re: Accidently resigned
By: Mayhem007 Date: July 20, 2025, 11:08 am
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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.
#Post#: 86456--------------------------------------------------
Re: Accidently resigned
By: Mayhem007 Date: August 20, 2025, 5:24 am
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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.
#Post#: 86468--------------------------------------------------
Re: Accidently resigned
By: DrSatan Date: August 20, 2025, 6:07 am
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[quote author=Mayhem007 link=topic=6931.msg86456#msg86456
date=1755685481]
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.
[/quote]
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.
#Post#: 86528--------------------------------------------------
Re: Accidently resigned
By: Mayhem007 Date: August 20, 2025, 11:19 am
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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.
#Post#: 86905--------------------------------------------------
Re: Accidently resigned
By: Ducato Date: August 23, 2025, 8:38 am
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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.
#Post#: 87654--------------------------------------------------
Re: Accidently resigned
By: Mayhem007 Date: August 29, 2025, 4:33 am
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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.
#Post#: 88678--------------------------------------------------
Re: Accidently resigned
By: The Slithy Tove Date: September 6, 2025, 11:17 am
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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.
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