Confidentiality breach/disability discrimination??

[bluebottle]

Re: Confidentiality breach/disability discrimination??

Hi Stircrazy,

Your solicitor is correct in what he/she says about the harassment issues. If you are using the harassment provisions under the Equality Act 2010, you can't use the Protection from Harassment Act 1997. As your case involves disability discrimination, the Equality Act 2010 is the correct statute.

With data protection issues, you make a complaint to the Information Commissioner's Office (ICO). This you can do this yourself. As of 6 April 2010, the Information Commissioner can fine offenders up to £500,000 for data protection breaches. This may be a better route to take in this respect. Go to www.ico.gov.uk for further information. Speak to their helpline before downloading a complaint form. Be aware that it can get busy at times. Whether you pursue a complaint with ICO will depend upon how serious the data protection breach(es) was/were and whether you suffered loss as a result. If this is the case, you have nothing to lose by speaking to ICO.

[stircrazy]

Re: Confidentiality breach/disability discrimination??

Hi Stircrazy,

Your solicitor is correct in what he/she says about the harassment issues. If you are using the harassment provisions under the Equality Act 2010, you can't use the Protection from Harassment Act 1997. As your case involves disability discrimination, the Equality Act 2010 is the correct statute.

With data protection issues, you make a complaint to the Information Commissioner's Office (ICO). This you can do this yourself. As of 6 April 2010, the Information Commissioner can fine offenders up to £500,000 for data protection breaches. This may be a better route to take in this respect. Go to www.ico.gov.uk for further information. Speak to their helpline before downloading a complaint form. Be aware that it can get busy at times. Whether you pursue a complaint with ICO will depend upon how serious the data protection breach(es) was/were and whether you suffered loss as a result. If this is the case, you have nothing to lose by speaking to ICO.

Thanks Bluebottle.

I have today been advised by my solicitor that my insurance company advise I am not covered by them to pursue the claim re the breach of Data Protection Act as it is a statute law (think I got that correct?) and not a breach of my employment contract. I implied that whilst this may be correct, my employer has breached my confidentiality therefore I no longer have trust nor confidence in them. My solicitor advised that there was nothing they could do if the insurance company are not prepared to cover.

I challenged my insurance company on that basis and they now agree that if it breaches the mutual trust and confidence they would be prepared to cover me.

My question is, I was advised by my solicitor (a few responses ago) that my employer would only be in breach of mutual trust and confidence if I had resigned and was claiming for constructive dismissal. Is this correct?

I contacted my solicitor to advise of the present outcome and he advised that I would be referred to another solicitor to proceed through the Sheriff Court and to proceed quickly albeit we have 6 years to do so. Does anyone have any experience of this?

Also to bear in mind that if the case for disability discrimination goes to tribunal that any records would be public access (know-one knows about my illness, only close friends & family). Another decision to made.

What are your thoughts Legal Beagles?

[SpringerSpaniel]

Re: Confidentiality breach/disability discrimination??

If you do not resign you might be interpreted as waiving the breach of the implied term of mutual trust and confidence.

[stircrazy]

Re: Confidentiality breach/disability discrimination??

Morning Everyone,

I have a question that I hope someone can assist me with

My Solicitor is advising me that that there has been a definate breach of the DPA. However, there is no case law regarding breaching the DPA and continuing employment. Taking into consideration I have not left my employment, the case may not be able to proceed to Court.

Is this correct or can someone give me an example of case law?

My handle says it all...........

[SpringerSpaniel]

Re: Confidentiality breach/disability discrimination??

It will be an implied term of your contract of employment that the employer operates within all relevant law of the jurisdiction where they work. If they are in breach of the DPA, they have not complied with this term.

[stircrazy]

Re: Confidentiality breach/disability discrimination??

It will be an implied term of your contract of employment that the employer operates within all relevant law of the jurisdiction where they work. If they are in breach of the DPA, they have not complied with this term.

I am being advised that the case cannot go to tribunal as DPA is a statute law (think I got that correct), therefore it would need to go to Sheriff court. Therefore having 2 cases running simultaneous.

Is this correct?

[SpringerSpaniel]

Re: Confidentiality breach/disability discrimination??

Are you in Scotland ? It would not be true in England or Wales, the Employment Tribunal can deal with breach of contract in the employment sphere

[stircrazy]

Re: Confidentiality breach/disability discrimination??

Are you in Scotland ? It would not be true in England or Wales, the Employment Tribunal can deal with breach of contract in the employment sphere

Yes Springer Spaniel, it is Scotland.

I guess I am struggling to understand why the 2 problems (breach of confidentiality-DPA and disability discrimination) cannot be raised at a tribunal considering it is a breach of contract.

I am also struggling to understand why my sols have confirmed I have a case for breach of DPA but as there is no case law (that they are aware of) I might not be able to proceed to court. Can anyone name a case??

Also my position is difficult because I am not willing to resign, apparently it would be a lot easier in the eyes of the law if I were to have resigned.

Whoever said this was gonna be easy...............

Any help greatly received, thanks.

[Magrew]

Re: Confidentiality breach/disability discrimination??

stircrazy, I am not able to help you with any legal wisdom here, you already have competent advisors supporting you but hopefully I can offer you some moral support.

In my experience, nothing to do with the law is ever easy, however, if you progress with tenacity and set all your emotions to the side then that will make it much more tolerable. I treat it like a game, the better you understand the rules and the tactics then the more likely you are to win. I know this is difficult when your livelyhood or your health is part of the "game" but the clearer you can see the picture as it unfolds then the more likely you are to understand and choose the most effective course.

I have also found a wide range of capability amongst legal professionals, it is very difficult to know if you have found good or bad advice. Since you are in Scotland I would recommend this site http://www.scotcourts.gov.uk/opinionsApp/index.asp. This is a keyword search index for Scottish judgements, I have found it invaluable. This also allows you to identify effective solicitors and advocates from their track record in court.


Best of luck going forwards.

[stircrazy]

Re: Confidentiality breach/disability discrimination??

stircrazy, I am not able to help you with any legal wisdom here, you already have competent advisors supporting you but hopefully I can offer you some moral support.

In my experience, nothing to do with the law is ever easy, however, if you progress with tenacity and set all your emotions to the side then that will make it much more tolerable. I treat it like a game, the better you understand the rules and the tactics then the more likely you are to win. I know this is difficult when your livelyhood or your health is part of the "game" but the clearer you can see the picture as it unfolds then the more likely you are to understand and choose the most effective course.

I have also found a wide range of capability amongst legal professionals, it is very difficult to know if you have found good or bad advice. Since you are in Scotland I would recommend this site http://www.scotcourts.gov.uk/opinionsApp/index.asp. This is a keyword search index for Scottish judgements, I have found it invaluable. This also allows you to identify effective solicitors and advocates from their track record in court.


Best of luck going forwards.

Thanks for taking the time out to offer your support and guidance Magrew. I will check this site out now

[SpringerSpaniel]

Re: Confidentiality breach/disability discrimination??

I don't actually think you need caselaw as you are arguing breach of statutory duty.

The issue about not resigning is that by continuing the employment, you could be construed as waiving the breach on the employer's part. I think this would be harder to argue for a breach of statutory duty as an implied contractual term than for a contractual term which was purely agreed between the parties.

I will try to check whether this could be dealt with at tribunal in Scotland as it could be in England and Wales.

I am concerned about the quality of legal advice you seem to be getting, can you get a second opinion ?

[Magrew]

Re: Confidentiality breach/disability discrimination??

I don't actually think you need caselaw as you are arguing breach of statutory duty.

Sorry I wasn't actually guiding stircrazy to caselaw, what I was trying to suggest was that she could use the site to find effective solicitors in the field of law that she is seeking advice in. I have found this useful, I contact the law society explain the merits of my case and then check the recommended solicitors through a search on this site.

Mind you the caselaw is interesting as well if you have the time to read it.

[stircrazy]

Re: Confidentiality breach/disability discrimination??

I don't actually think you need caselaw as you are arguing breach of statutory duty.

The issue about not resigning is that by continuing the employment, you could be construed as waiving the breach on the employer's part. I think this would be harder to argue for a breach of statutory duty as an implied contractual term than for a contractual term which was purely agreed between the parties.

I will try to check whether this could be dealt with at tribunal in Scotland as it could be in England and Wales.

I am concerned about the quality of legal advice you seem to be getting, can you get a second opinion ?

Think there may be a slight misunderstanding Mulgrew, I asked if there was case law to which Springer Spaniel was replying (earlier in the thread).

Thanks again to you Springer Spaniel. Unfortunately I was not given an option re sols as I am progressing via my insurance company. The company I am using seem to be reputable, unsure on how successful.

I have a meeting with them tomorrow to discuss further and would like to be forearmed ��

[Magrew]

Re: Confidentiality breach/disability discrimination??

Sorry I should have been paying more attention.

[stircrazy]

Re: Confidentiality breach/disability discrimination??

Sorry I should have been paying more attention.

No need, you were very helpful