External company withholding Hr information?? Can they do this?

[tufty7]

Having not been paid since January and then being made redundant last week by the company going into liquidation , We are now being told that our HR information that is required to process our RPS redundancy was outsourced and this company will not hand over the information to the Liquidaters as they are owed money, I have some questions for anyone that can advise.

1. Is it lawfull for them to hold my details to ransom seeing though it is my HR record?
2. Can I request this information from them as it is my information on me?
3. What would happen or could happen if the external company holding the records point blankly refused to give over the information?
4. Has anyone else been in a similar predicament and what was the outcome?
5, What would or could you do in that situation?

Obviously this I am sure is not a one off predicament and will have been seen before? ,

Thank you in anticipation.

[woofgang]

Might be worth asking what info is needed to process your cases? maybe you could supply it yourselves.

[Buenchico]

The solution to your problem seems to be embedded within Point 2 of your post.

You have the right to receive a copy of any information held about you by the external company. To get hold of it, simply send a written request (preferably by recorded delivery), stating exactly what it is you want (and referring to your rights under the Data Protection Act). Your letter should also ask what, if any, proof of your identity is required, and what fee the company will charge for providing the information. (The legal maximum is £10).

http://www.ico.gov.uk/for_the_public.aspx

Chris

[thugulike]

Apply to Employmewnt Tribunal for a protected award. The government will pay any pay owed and redundancy.