Rank: New forum user 
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With regards to the AIR - currently dealing with a difficult case. The staff member affected will be involved with checking her statement for this report - however she is now requesting for a copy of the report? She is looking to claim for industrial injury although - the incident has aggravated an existing injury (possibly?).
What is the line with regards to giving a copy of the report to the individual affected- in this circumstance?
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Rank: Super forum user 
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AFTER they have checked their statement politely decline any request for a copy of "the report" on the grounds her solicitor will make submission to the company for access to the correct and necessary records in pursuit of a claim - at the same time make a note of any request and response for your own solicitors. The ip is only due to see that which they are directly involved with so the "whole" report including other witness statements and any management deliberation is off limits to an individual even including the F2508 RIDDOR (if applicable) and the BI510 Accident Book entry (or your equivalent thereof).
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 4 users thanked Roundtuit for this useful post.
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Rank: Super forum user
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AFTER they have checked their statement politely decline any request for a copy of "the report" on the grounds her solicitor will make submission to the company for access to the correct and necessary records in pursuit of a claim - at the same time make a note of any request and response for your own solicitors. The ip is only due to see that which they are directly involved with so the "whole" report including other witness statements and any management deliberation is off limits to an individual even including the F2508 RIDDOR (if applicable) and the BI510 Accident Book entry (or your equivalent thereof).
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4 users thanked Roundtuit for this useful post.
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Rank: Super forum user
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Originally Posted by: Roundtuit  AFTER they have checked their statement politely decline any request for a copy of "the report" on the grounds her solicitor will make submission to the company for access to the correct and necessary records in pursuit of a claim - at the same time make a note of any request and response for your own solicitors. The ip is only due to see that which they are directly involved with so the "whole" report including other witness statements and any management deliberation is off limits to an individual even including the F2508 RIDDOR (if applicable) and the BI510 Accident Book entry (or your equivalent thereof).
Not sure I entirely agree with that based on experience. My employer basically used that argument when an IP (self employed subbie of a contractor) wrote and then phoned to request the report into their accident. "We" said go through your solicitor and a few months later "we" got a letter from the Information Commisioner or whatever they are called basically saying they had recieved a complaint and had found in the complainants favour and we had to provide the report to the IP by date XXX or face the wrath of the Information Comission. If in doubt ask your in house data protection people or ask a data protection expert / lawyer
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Rank: Forum user
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I was of the understanding that any data that can identify and individual is personal data and cotrol of that is subject to the GDPR. If an employee asks for it i think you would need give it to them. At the same time notify your insurers so that they can appoint a solicior and they can they request legal privilege communications with you that can restrict some of the new information that is gathered.
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1 user thanked fairlieg for this useful post.
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Rank: Forum user
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Freely admit that I'm not an expert, but think that there are two points worth making:
If someone just asks for the accident investigation etc - then I'd agree that you should wait for the Solicitor's letter etc, if someone puts in a subject access request then that's a different matter and just about anything with their name in it is disclosable (subject to GDPR / Data Protection etc). In short it depends on 'how they ask'.
Edited by user 17 October 2018 13:51:59(UTC)
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1 user thanked pseudonym for this useful post.
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Rank: Super forum user
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Quick flick through ICO and an upheld complaint would follow certain steps including: 1) A written request from the individual for access 2) The individual receiving no response within one month (considered a reasonable period of time) or a declination to provide 3) Communication from ICO about what the company should / should not be doing in consideration of the raised complaint. Still wouldn't provide the full report as witnesses statements by others would be passing information to a third party of unknown control and for unknown purpose.
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Rank: Super forum user
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Quick flick through ICO and an upheld complaint would follow certain steps including: 1) A written request from the individual for access 2) The individual receiving no response within one month (considered a reasonable period of time) or a declination to provide 3) Communication from ICO about what the company should / should not be doing in consideration of the raised complaint. Still wouldn't provide the full report as witnesses statements by others would be passing information to a third party of unknown control and for unknown purpose.
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