Grievance, bullying and GDPR breach

[lewlew]

Hi all,

Re-posting my original thread as I didn’t put it in the right forum.

Hi all,

I'm just looking for an insight into any legal basis I may have for a claim against my current employer. I will try and keep it brief but detailed:

Essentially, I have raised a grievance against my line manager, on the grounds of bullying and unfair treatment; I feel this is justified and I gave full details and examples within the letter. One instance I was particularly unhappy with was what I feel may be a breach of GDPR, in addition to being unprofessional. She also stated to me that I had "ruined her life and career"

My manager, effectively stole my personal phone number from the company database, put it in her own personal mobile and sent me a less than kind text about schedules at work. Further, she sent this literally 30 minutes before she would have seen me, and, it was not urgent or important to there was no good or justifiable reason for her doing so. On this basis, I have a few questions from a legal point of view:

-Is there any basis for claiming against the company under breach of GDPR regulations?
-Is there a basis for claiming for damages generally due to the bullying and treatment they let happen?
-I would have thought that generally it would have fallen under constructive dismissal (I am now leaving) but I have only worked there for around a year, and understand that usually it has to be 2 years for that claim.

Ive spoken to the store manager about this, and even he agreed that legally the text message was not looking good. However, he didn't seem to be taking it seriously and was essentially hinting that he wanted me to leave that bit out or not investigate it, as he and other managers knew that my line manager frequently text staff. I pressed for a full investigation as the treatment I received is bullying and shouldn't be happening, but as i'm leaving, I feel they're trying to brush it under the carpet.

If you want any more details then just let me know, I didn't post the grievance letter as I didn't want to be identified.

Thanks in advance.

[ULA]

You said you have raised a grievance have you had a grievance meeting yet and if so what was the outcome?
You also state you are now leaving - are you working your notice?

For making a constructive dismissal claim you would need to have completed 2 years service, since based on the information you have given the situation would not fall into the exceptions criteria.
Have you got proof that your line manager "stole" information from the company database, given that they are a manager it is likely that they would have some level of access to employee information.
Claiming compensation for bullying at work is complicated there are a number of guidelines that work-related bullying with the employer being the responsible party need to fit.

[lewlew]

Hi Ula,

Thank you for responding.

My grievance meeting is today, I am working my notice but my last day is the end of this week. From what I’ve been told it’s unlikely anything will happen regarding the bullying as it’s my word vs the manager in question.

i have proof of a text from her personal phone number, she would have been unable to obtain this information without removing it from the company database. My point was that she should have called me from work devices, and now has my number stored on her personal mobile. Do you think that has implications for GDPR?

[ULA]

Just want to get a quick response in before your meeting on the phone number issues.

I think that at the grievance meeting today you need to get assurances that your manager will be asked to delete your personal information from her own personal device and confirmation that this has actually happened.

[lewlew]

Hi again,

Thank you for the advise, I will certainly make sure of that. However, can you enlighten me if there is any legal basis to make a claim against the company for this or for damages relating to this?

I understand the bullying is hard to prove, but misusing my personal data is in black and white, so there’s no dispute there?