Confidentiality breach/disability discrimination??

[stircrazy]

Re: Confidentiality breach/disability discrimination??

Thanks Bluebottle.

Im getting to work on things tomorrow, my list is getting bigger lol.

Appreciate your advice.

[stircrazy]

Re: Confidentiality breach/disability discrimination??

An update for all legal beagles.

Had a sudden brain wave that I may have legal cover through my home insurance, phoned the company yesterday and have today been advised that they are willing to refer my case to a local solicitor (woo hoo). The legal team at the insurance company agree that it looks like I have a case of breach of contract and disability discrimination to name but a few breaches (I will note down the additional breaches courtesy of Bluebottle).

I wanted to thank you all very much for your time, efforts and advice, it is very much appreciated (special thanks to Teaboy2 ).

I will keep you updated with any progress.

FANTASTIC site!!

[charitynjw]

Re: Confidentiality breach/disability discrimination??

Nice one, stircrazy.

Please do keep us updated, as any feedback is very useful, & could help others who aren't fortunate enough to have access to legal representation.

[bluebottle]

Re: Confidentiality breach/disability discrimination??

Glad to hear things are moving forward in a positive way. Please do keep us up to date with developments as this is invaluable to others who may be in the same or a similar situation.

[stircrazy]

Re: Confidentiality breach/disability discrimination??

Quick Update

Got an appointment at the solicitors tomorrow, will update you with the outcome.

Stircrazy

[stircrazy]

Re: Confidentiality breach/disability discrimination??

As promised, my update from today's meeting.

Explained my situation, gave all the paperwork, the long and short of it is, the solicitor is not sure if I have a case :tinysmile_hmm_t2:.

They agree that the way I have been treated is wrong and unfair, but trying to prove this would be difficult albeit I have a lot of paperwork/evidence. We could look at constructive dismissal but these cases are hard to prove and nobody knows what the judges decision would be on the day; very risky and for little monetary compensation!

If I have a case it may fall under the Equality Act either, direct or indirect discrimination or failure to make reasonable adjustments, my solicitor needs to go and study my story/papers and the laws as there are many loop holes for employers to wriggle out of.

In terms of confidentiality breach, yes my company may have breached, but was that simply a mistake (we know not, but again they can wriggle). They may have breached data protection by sharing my personal data, if this is so, this solicitor would not deal with the case as their specialism is employment law and I would be referred to another solicitor. Also, I may be time barred at 3 months (and this has been going on much longer).

Lots of if's, and's or but's at this stage, so not really any further forward. The solicitor will read my papers and come back to me asap with their decision.

I did mention all the laws that I believe they have breached (didn't mention where I got the info, courtesy of Legal Beagles) but again they didn't seem to think that it was as straight forward as I thought.

They advised that if it did go to Tribunal that most cases are heard within 6 months and not to underestimate how stressful they are and how dirty people may play.

Don't know what to feel now.

:tinysmile_hmm_t2:

[teaboy2]

Re: Confidentiality breach/disability discrimination??

MY experience with some solicitors is they are not all very good, one this solicitor says could well be the opposite of what another solicitor says. The fact hes having to read up on laws and regulations makes we wonder just how much he specialises in employment law as any solicitor worth his salt would already know - I know and am not a solicitor!

[stircrazy]

Re: Confidentiality breach/disability discrimination??

LOL Teaboy

He did say that he was wanting to look specifically at the Equality Act and the discrimination loop holes, think it was more around the specifics of each of the definitions.

I hope....................

[charitynjw]

Re: Confidentiality breach/disability discrimination??

A tactic commonly used by employer's solicitors is to dissect your arguement into sections (ie, X happened on this date, Y happened on that date), & then seek your agreement on these discrete* facts.
This would have the effect of negating your 'continuing action' claim, & if the last of these incidents was more than 3 months ago, they could well say the claim is out of time.
If they do try this, just reply saying that the incidents are all linked, & the situation is ongoing.

*Discrete - defined as seperate & distinct.
I have seen well-known employment solicitors spell this as discreet, though!

[stircrazy]

Re: Confidentiality breach/disability discrimination??

Thanks charitynjw, appreciate that.

I will remember this, when they return with their outcome.

That makes perfect sense and would definitely affect my case, as you say I am going on the basis its a continual act, which would lead me to ask a question.

As my case has been on-going for some time, ie 1+ yr and each time there has been an incident whether it be discrimination, data protection breach etc..... I brush these off and move on, and now find I can take no more, can I now revert to what has happened historically too?

Many thanks

[charitynjw]

Re: Confidentiality breach/disability discrimination??

If you can demonstrate an ongoing cause which is linked to previous incidents, it is all part of the same complaint.
You would be saying that the latest one* was a 'final straw'.
Employment Tribunals are au fait with this concept, & there is plenty of case law to refer to if & when it gets that far.

*As this is ongoing, the final straw could be an occurence which has not yet happened (ie possibly a 'future' adverse response by your employer).

[stircrazy]

Re: Confidentiality breach/disability discrimination??

Hi All,

An update as promised.

Solicitor phoned today to advise that having looked through all my documents/paperwork and case law that I have a greater chance than not going to tribunal.

The case would be referred on the basis of disability discrimination with failure to make reasonable adjustments.

My solicitor feels that a constructive dismissal case would be harder to prove, therefore not being the best route (I do not want to leave anyway).

I asked why the data protection breach has not been considered and he advised that it is not his area of expertise, also that I may not be covered through my insurance, he is contacting my insurance to find out if I am protected and will revert.

I have read the policy relating to employment, quote;

Employment disputes
X will pursue and defend any legal rights in a dispute arising from a contract of employment

1. employers disciplinary hearings or internal grievance procedures,
2. any claim relating to solely to personal injury

Also,

Legal Defence
Defence of criminal prosecutions and actions for unlawful discrimination or breaches of the DPA arising from an insured persons work as an employee. Defence of motor prosecutions

1. X does not pay compensation, penalties etc

So I assume I have cover for breaches to the data protection act??

My solicitor is writing to the insurance company to confirm. He is also meantime going to have a quick look into the DPA to assess whether I would have a case and it may need to be raised separately (think that's what was said)?

After discussing the options available to me (do nothing, legal letters/support, tribunal) and what I was looking to get out of it, i.e new role, apology etc....I was advised that in monetary terms the compensation could be £600-£6K max, this may change if I have a DPA breach and if we can prove I have lost economically.

What do all you legal beagles think?

Oh was also asked to consider the potential consequences to raising a claim with my employers.

[bluebottle]

Re: Confidentiality breach/disability discrimination??

Another one I've just thought of is the Protection from Harassment Act 1997 (PHA). This places the onus of proof on the perpetrator rather than the victim with the focus on the actions of the perpetrator and the effect it has on the victim. You can seek an injunction from your local County Court to abate the bullying under Section 3 of the Act and you don't have to give notice to your employer that you're applying for an injunction. The damages a court can inflict on an employer under the Act are unlimited. Any psychological/psychiatric illness (including stress) caused by the bullying can be pursued without having to worry about the three-year limit, as the Limitation Act doesn't apply to claims under Section 3 of the PHA.

There is case law, in the form of Mjrowski -v- Guys & St Thomas's NHS Trust 2005, a ruling by the Court of Appeal, which holds employers vicariously-liable for bullying by employees against another employee.

Mention this to your solicitor. It might be the way forward or an additional or alternative course of action. One advantage it does have over an ET is that you have six years in which to bring an action under the PHA, whereas, with an ET, you have only three months.

[stircrazy]

Re: Confidentiality breach/disability discrimination??

Another one I've just thought of is the Protection from Harassment Act 1997 (PHA). This places the onus of proof on the perpetrator rather than the victim with the focus on the actions of the perpetrator and the effect it has on the victim. You can seek an injunction from your local County Court to abate the bullying under Section 3 of the Act and you don't have to give notice to your employer that you're applying for an injunction. The damages a court can inflict on an employer under the Act are unlimited. Any psychological/psychiatric illness (including stress) caused by the bullying can be pursued without having to worry about the three-year limit, as the Limitation Act doesn't apply to claims under Section 3 of the PHA.

There is case law, in the form of Mjrowski -v- Guys & St Thomas's NHS Trust 2005, a ruling by the Court of Appeal, which holds employers vicariously-liable for bullying by employees against another employee.

Mention this to your solicitor. It might be the way forward or an additional or alternative course of action. One advantage it does have over an ET is that you have six years in which to bring an action under the PHA, whereas, with an ET, you have only three months.

Thanks Bluebottle. Duly noted. I have referred the info on to my solicitor, I await a response.

[stircrazy]

Re: Confidentiality breach/disability discrimination??

Another one I've just thought of is the Protection from Harassment Act 1997 (PHA). This places the onus of proof on the perpetrator rather than the victim with the focus on the actions of the perpetrator and the effect it has on the victim. You can seek an injunction from your local County Court to abate the bullying under Section 3 of the Act and you don't have to give notice to your employer that you're applying for an injunction. The damages a court can inflict on an employer under the Act are unlimited. Any psychological/psychiatric illness (including stress) caused by the bullying can be pursued without having to worry about the three-year limit, as the Limitation Act doesn't apply to claims under Section 3 of the PHA.

There is case law, in the form of Mjrowski -v- Guys & St Thomas's NHS Trust 2005, a ruling by the Court of Appeal, which holds employers vicariously-liable for bullying by employees against another employee.

Mention this to your solicitor. It might be the way forward or an additional or alternative course of action. One advantage it does have over an ET is that you have six years in which to bring an action under the PHA, whereas, with an ET, you have only three months.

Further update from my Solicitor.........

I asked the following question;

1. As tribunals do not have jurisdiction to hear breaches of DPA, could it be that my employer be in breach of mutual trust and confidence? Therefore allowing us to raise it through tribunal?
2. Protection from Harassment Act 1997 (PHA). This places the onus of proof on the perpetrator rather than the victim with the focus on the actions of the perpetrator and the effect it has on the victim. You can seek an injunction from your local County Court to abate the bullying under Section 3 of the Act and you don't have to give notice to your employer that you're applying for an injunction. The damages a court can inflict on an employer under the Act are unlimited. Any psychological/psychiatric illness (including stress) caused by the bullying can be pursued without having to worry about the three-year limit, as the Limitation Act doesn't apply to claims under Section 3 of the PHA (There is case law, in the form of Mjrowski -v- Guys & St Thomas's NHS Trust 2005, a ruling by the Court of Appeal, which holds employers vicariously-liable for bullying by employees against another employee).
3. By ignoring the advice of an Occupational Health Professional, your employers have failed to comply with Regulation 3, Management of health & Safety at Work Regulations 1999 and are in breach of Section 2, Health & Safety at Work Act 1974.
4. Possible breach of the Equality Act 2010?

The response was;

1. To claim a failure of mutual trust and confidence, you must resign and claim constructive dismissal (which I am not prepared to do).
2. Point 2 he believes does not fit with my claim
3. This is relevant and would be part of the claim
4. This is relevant and would be part of the claim

He believes that we may be able to claim for distress and maybe some economic loss due to sick pay stopping.

He is still waiting to find out if I am covered by my insurance to raise a claim for data protection breach, if I am covered there may be a route we can progress through the sheriff courts but apparently this is a risky strategy and one which is rarely used, which would suggest to him that it is not worth progressing....

Is all this really worth progressing and for what??

What's your thoughts?

Stircrazy (so apt....)