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Thread: Company disclosed medical condition to my staff

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  1. #26
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    Default Re: Company disclosed medical condition to my staff

    Quote Originally Posted by Jarj View Post
    Another question, my company keep insisting I provide a resolution I understand this may be usual but I really don't know how they can resolve I tell them this yet this insist that I must provide one, is this right? If so what do I suggest? I see it as pretty pointless as me saying manage my manager accordingly as a junior member of staff would be for under performance or dismiss the person responsible for disclosing my personal information as it is most definitely gross misconduct, is not going to sit well or even be taken into consideration.
    It is quite common for the employer to ask "what you would like to see happen". Demanding dismissal is not going to get you anywhere, and nor is demanding performance management processes. The fact is that if they intended to do either of these things, they would have done them.

    If you are quite certain that this is the route that you want to go down, then this is the point where you say that you have lost all trust and confidence in your employer and want a settlement agreement. Obviously, once that is said it cannot be unsaid, and if they refuse, which they may, then your lack of trust and confidence becomes the permanent elephant in the room. On the other hand they may make you an offer or ask you how much you want. What would your response be?



    In relation to your other posts - I could have guessed what the doctor diagnosed! But it still isn't a disability yet, and, as I said, I hope it never will be. And I think that you have to accept that the culture of the organisation is such that it is clear a grievance will only result in conflict. Unfortunately that is often the case. But if you think about it, it's kind of obvious that it would - any organisation with the opposing culture would seek to settle problems quickly and smoothly, so any remaining grievances would be of a nature that cannot be resolved (or which are unreasonable - believe me, we do see them too).

  2. #27
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    Default Re: Company disclosed medical condition to my staff

    I too hope it isnt and it's depressing enough having to resort to pills to carry out your job and just feel more normal! Not a position I intend to stay in.
    I wouldn't dream of suggesting these things for this very reason, but in reality if it were my staff behaved in these ways then that is most definitely the route I'd be going down, again one rule for one etc.
    What do you suggest re: Resolution? Or is the settlement the resolution you are suggesting? I wouldn't have a clue were to start with regards to an amount.
    It probably is often the case and it is certainly unfortunate, were it an open and honest business then I dare say less things would be raised to grievance as you have said. A process which is in place to protect and better the company as a whole is turned against those who use it it doesn't even make good business sense to me.
    Googled settlement and In all honesty this route would be preferable to me, it means a clean break no one slating the other a decent reference and a sum to allow me time to breath and secure new employment, it's disappointing for me to actually be facing walking away from a job I've put a lot of my life into, made sacrifices and have really done my best and more disappointing that the company that sees fit now to treat me like this recognises all of the above I.e. very good appraisals good pay increases etc. Shame really.
    Last edited by Jarj; 8th March 2017 at 18:52:PM. Reason: Error

  3. #28
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    Default Re: Company disclosed medical condition to my staff

    Ok. Do you know what redundancy would be for you? My view is that that would be the bottom line - the absolute minimum that you would accept. Tell me two things. What is that redundancy figure? Include things like notice periods etc. Then tell me, with benefits, what is your monthly salary worth.

  4. #29
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    Default Re: Company disclosed medical condition to my staff

    Well that was a shock, I had to use direct gov website and apparently my redundancy would be just short of 2.5k.
    I would have to give the company 1 month's notice and my salary is £2850pmth. I do get shares regularly and have some in a scheme which can only be sold after so many years.

    - - - Updated - - -

    Sorry not sure if any pension contributions should be included in that.

  5. #30
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    Default Re: Company disclosed medical condition to my staff

    I have just out of curiosity googled settlement agreement and low and behold a calculator or two, again not really pinning my hopes on these was simply curiosity but both I used ranged from 15-17k, any idea why such a massive difference to the gov redundancy pay? I know which one I'd rather have!

  6. #31
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    Default Re: Company disclosed medical condition to my staff

    Quote Originally Posted by Jarj View Post
    I have just out of curiosity googled settlement agreement and low and behold a calculator or two, again not really pinning my hopes on these was simply curiosity but both I used ranged from 15-17k, any idea why such a massive difference to the gov redundancy pay? I know which one I'd rather have!
    Statutory redundancy is a very basic scheme. Surprising you don't have a company scheme. The other calculators are designed to "reel you in" - most of them belong to the sites of people who want a cut of the action. £17k is six months salary - a very good settlement agreement and therefore rarer. To get this amount you would have to be very good at negotiating, they would really want rid of you, and preferably you have something damning on them - which you don't. Three months salary is more realistic. But that doesn't mean you can't get more. You don't have any experienced back up here, and that doesn't help, so you need to "box clever". I would personally start with something outrageous, but not so outrageous they won't be prepared to talk. Nine months salary and a good reference (the reference has to be part of it - a good agreed reference is worth money in the bank). So that what you ask for - all trust and confidence has gone, you have done all these awful things to me, I believe a tribunal would favour a claim, I want £25k and a good reference. You are going to have to lie very convincingly about bringing a legal claim. With any luck they won't realise it's a bluff. Then you let them come back to you. If they come back to you. Remember this is a risk and there's that elephant - you can't unsay it even if you don't get it.

    If they are willing to haggle, they will probably come back with something equally outrageous - possibly two months wages at about 5700. Don't be insulted - you just said an outrageous figure too. You don't haggle now. This is the point where you act outraged and simply say no. And walk away. Don't make a counter offer. Normally - and this isn't an exact science so all this is guesswork based on experience - they will then come back with a better figure. If you can get it to three months worth - £8500 - then you can start haggling. At that point it is down to the haggle. Don't forget that reference. And the payment should be tax free. Plus you want your legal fees for a solicitor covered - a settlement agreement must be advised on by a solicitor to be enforceable.

    Just for information about the context, if you went to an employment tribunal and if you won - the median awards these days are only about £8k. So if you attempted to go to law, and if you won, you very easily might get no more than that. So every £ over that 3 months salary is a good win.

    I hope you can play poker...

  7. #32
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    Default Re: Company disclosed medical condition to my staff

    I would have to look at my contract re: redundancy not too sure if company package. As I said in my opinion this sounds like the most viable option to me, granted, probably a bias opinion as I'm not the one having to pay thousands, and I understand that but looking online this seems quite a common procedure am i right to think this? Also surely as has been mentioned the breach of data protection act is enough to constitute a break down in trust etc breach of contract and therefore grounds for constructive dismissal, so this said, if it were me facing a court case surely the amount to pay out plus any costs to court etc wouldn't be far off what a straight forward settlement to me would be. If this is the case wouldn't this be the best option for my company too?

  8. #33
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    Default Re: Company disclosed medical condition to my staff

    Your company may well pay out more to defend a claim if they think they will win even if it is more than would be paid in a settlement, Winning may stop others taking action.

  9. #34
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    Default Re: Company disclosed medical condition to my staff

    That's a fair point, I'm just going off the basis the as was said earlier this breach is not really disputable I.e. they have upheld and can not deny disclosing my medical information to people that I did not consent or want them to disclose it to. So in reality this should really just make them sure up their processes at the very least and maybe review who else this has happened to.

  10. #35
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    Default Re: Company disclosed medical condition to my staff

    Quote Originally Posted by Jarj View Post
    I would have to look at my contract re: redundancy not too sure if company package. As I said in my opinion this sounds like the most viable option to me, granted, probably a bias opinion as I'm not the one having to pay thousands, and I understand that but looking online this seems quite a common procedure am i right to think this? Also surely as has been mentioned the breach of data protection act is enough to constitute a break down in trust etc breach of contract and therefore grounds for constructive dismissal, so this said, if it were me facing a court case surely the amount to pay out plus any costs to court etc wouldn't be far off what a straight forward settlement to me would be. If this is the case wouldn't this be the best option for my company too?
    They are not that common that you can depend on it - that is why I keep warning you to be sure. If you Google "settlement agreement" of course it appears common. If I Google "life on Mars" I'm sure the planet will appear to be teemingl

    I'm not really getting into a side discussion again about this matter, and will simply reiterate what I have already said - I do not in any way consider what happened to be a substantive reason to claim constructive dismissal. I have significant doubts that you would win, even assuming you can get as far as a tribunal. Another poster disagrees and appears to believe that this is not the case. I have based my opinion on reading everything you have said. They have, by their own statement, based theirs on one post that I made early on. You decide who you wish to bet on.

    I also agree, some companies will go to the wire to prove their point and won't give in to a claim. Others will beat you down and wear got out until you walk away - if you think your manager is hard work, you have no idea what a lawyer or two will do to you. And wait until you can't afford to continue. All whilst very possibly saying "we refuse to provide you with a reference for Jarj, and won't be reconsidering our position until after the employment tribunal proceedings". Good luck getting any job with that reference.

    You see, the problem is that I'm not a lawyer. I don't care about the finer arts of the law. I care about what the result is. I function in the real world and not a court room. But I know that what court rooms make of things are a long way off what the real world makes of them. Try defining what fair means in relation to a dismissal for starters if you want to see how many totally unfair things are "fair".

    And I can easily see your "breach" being "an unfortunate mistake that should never have happened" but with insufficient seriousness for anyone reasonable to justify resigning a perfectly good job without another one to go to. And that is all you have. The rest of it you have left by and never pursued your complaints, so they weren't all that serious until now and you are just dredging up every whine you can think of to get a payoff because "the balance of your mind is disturbed" - or that is what your employer will claim, their solicitor will argue, and I wouldn't even be surprised if some of your staff turned up as witnesses to support this view. Unfortunately, I have seen that happen more than once.

  11. #36
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    Default Re: Company disclosed medical condition to my staff

    Just thought I'd make a little addition by way of maybe showing example. Worked late shift other night done for about 3:30am later on that morning member of team called in sick and junior manager on shift sent email around whole area asking for cover that night, my boss seen email, called my place of work and told them not to bother calling around ring me and let me sort it! In my absence HE should support and assist them if it actually​ required that. He knew i was on a late, even they knew it was wrong and explained​ i was on a late however he insisted they not call area i should do it from home! So they felt they had no choice but to pass it on to me 5 hours after I'd left work. This is a matter that they had in hand and didn't really warrant waking me up, nor am i paid to be on call or sort every single trivial issue. Just hope this highlights the pettiness and lack of support especially now with what is going on. Am i not entitled to just be at home or in bed or enjoy normal life!
    Last edited by Jarj; 12th March 2017 at 20:09:PM. Reason: Spelling

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