Can my Employer Share this Information?

[Ginger123]

Hello

I'm afraid this is rather long - I'm not sure how to explain my questions without giving the whole story.

2 weeks ago my brother phoned me to tell me that our Mum has leukemia. It was just before 5pm (Monday) so I was still in the office. I told my boss as soon as I got off the phone, partly because I was upset and needed to tell someone but also because I knew it may have an impact on my work over the next few weeks while we worked out what was happening and what we need to do next.

The following morning (Tuesday) I was told that my Mum had weeks to live and had to go to hospital immediately. I was hysterical and my boss said I should go and be with my family. I phoned her that night to say that my Mum was going to be moved the next day to another hospital too far away for the whole family so I would be coming into work. It turned out I stayed overnight with my Mum and she wasn't moved until mid-afternoon. I texted to say I would be in as soon as she was moved. I went in at about 3pm (Wednesday) and updated my boss. I don't recall exactly what was said but probably that we needed more tests. I know that at some point I mentioned that my Mum was scared and refusing treatment. I also talked about my siblings getting paid leave and the fact that we would have to take it in turns to spend time with Mum.

On Thursday I was back at work normally. First thing I sat down with my boss and asked for my booked holidays to be cancelled so I can use them as needed for looking after my Mum. I'm also owed some lieu time and she agreed I can use that as well. I asked what Compassionate Leave I am entitled to (3 days in the case of immediate family bereavement) and she told me several times that there is no paid leave in situations like this. When I logged onto my computer I found that she had emailed me the day before saying that there is no paid leave and I have to keep a log of any time off I take so they know how much time I owe them. Later that day she asked to speak to me and told me (again) that there is no paid leave but that the chairman had agreed I could have one day of Compassionate Leave.

I've been in work every day since then as normal and have made up all the time I took on the second day off. There have been several emails back and forth whilst I checked what I'd been told. I also confirmed that I have not asked for and do not expect paid leave. My boss deleted the email without reading it.

A couple of days later someone connected to our organisation (but not working in our office) asked me how I was, I said fine, she gave me a funny look and then asked how my Mum is. I must have looked pretty strange because she gave me a hug and said it was fine she already knew that my Mum has leukemia... I asked how she knows and was told that my boss had sent an email to all of the directors saying that Mum has leukemia and I would be off work for 2 - 3 weeks!

I asked the chairman if I could have a copy of the email, he denied it existed! I asked my boss for a copy and also details of who else knows and what they have been told. She acknowledged that the email had been sent to the chair and directors. She listed other people that had been told I had to "deal with a family matter". Some of those people know more than that though because they have asked me how my Mum is! I asked again for the email and explained that my Mum is very private and I want to know what has been said. I asked to be consulted on any further communications and pointed out that sharing health information of someone who isn't even an employee infringes her right to privacy and could cause a problem with Data Protection. Now the boss says it is inappropriate to keep sending emails about this and she wants to meet with me and will be asking the Chairman as well.

Is my boss allowed to share anything I told her about my Mum? Surely she should ask me first and I should be allowed to have some input about what is shared? I don't remember mentioning needing 2 - 3 weeks off, if I did it was on the Tuesday morning when I was in shock and really didn't know what was going to happen.

Am I entitled to receive a copy of any communications about my Mum?

How much information do I need to give? On the most recent update I simply said that Mum is stable for now and we have to wait and see what happens in the future. My boss asked me what the diagnosis is and if Mum is receiving treatment. I responded but gave as little information as I could get away with.

[miliitant]

Re: Can my Employer Share this Information?

i am gritting my teeth with this

the only people that would need to know is your HR department. even your boss should not know the situation with your mum. in hindsight your boss knows and he has to respect your confidence

what your boss has done has done is a fundamental breach of your contract of employment

the problem you are going to have is getting someone else to confirm this email and that the boss has breached confidence

i would raise the issue and ask for an explanation and say you are not happy that people know your private business. you may find to hush this up your boss will grant paid compasionate leave

i very much doubt you will lay sight of that email, the boss has prob told everyone who received it to deleate it

keep me updated on this

[Ginger123]

Re: Can my Employer Share this Information?

Thank you Miliitant.

There is no HR - I work for a very small charity, 4 staff total plus a voluntary board. That means the boss does need to know, but doesn't alter the fact she shouldn't have shared the information. She has confirmed in an email to me that she told the board (but doesn't specify what she said). Knowing that the email exists - do I have a legal right to ask for it and if she has deleted it does the firm have to find an appropriate IT person to find it? There will still be a trail somewhere, even deleted emails can be recovered.

Have you got any advice as to what I should say in the meeting? What my next steps should be?

[bluebottle]

Re: Can my Employer Share this Information?

Where is this charity based, please?

[Ginger123]

Re: Can my Employer Share this Information?

Where is this charity based, please?

Are there different rules for different areas?

[bluebottle]

Re: Can my Employer Share this Information?

No. All charities are subject to the same rules. I am the chair of a small charity involved in primary health care. The way you have been treated sounds very much like a charity I used to work for before Fibromyalgia took a hold on me.

[Ginger123]

Re: Can my Employer Share this Information?

Charities seem to attract power-hungry people. Had a quick look at your profile and I think it is unlikely to be the same charity as no staff (current or within the last 10 years) have previously worked for the police.

I have worked there for 8 years, started out with just 2 of us - me and the boss. He had to retire due to ill-health 3 years ago and that's when my current lovely boss was employed. She took on another member of staff almost immediately but that lady only lasted 12 months then gave up because she couldn't take the bullying. The boss offered the job to her friend on the same day notice was handed in - no advertising, no interview.

[labman]

Re: Can my Employer Share this Information?

Charities seem to attract power-hungry people.

Oh you are SOOOOOO right there! Usually ones who care about themselves, but put on a pretty good facade of being oh so caring about the cause for which they are working.

What a pity we can't name and shame!

[enquirer]

Re: Can my Employer Share this Information?

I [...] pointed out that sharing health information of someone who isn't even an employee infringes her right to privacy and could cause a problem with Data Protection.

You gave them that information in confidence. They then become legally responsible for the security of that information. Bruting it about has breached the Data Protection Act. However - your mother is the aggrieved party, not you, although as it also forms part of your personnel record, you may have a separate complaint.

That said, is it wise to attack them in this way and at this time? The manager is a clown, and fairly nasty too, but you do want them to co-operate. Dealing with your mother and fighting them at the same time (I see this escalating very rapidly), might be taking on a little too much.

[bluebottle]

Re: Can my Employer Share this Information?

Charities seem to attract power-hungry people. Had a quick look at your profile and I think it is unlikely to be the same charity as no staff (current or within the last 10 years) have previously worked for the police.

I have worked there for 8 years, started out with just 2 of us - me and the boss. He had to retire due to ill-health 3 years ago and that's when my current lovely boss was employed. She took on another member of staff almost immediately but that lady only lasted 12 months then gave up because she couldn't take the bullying. The boss offered the job to her friend on the same day notice was handed in - no advertising, no interview.

It is a sad fact, Ginger, that the charity sector is No.1 for bullying of employees. Before Fibromyalgia took a hold on me, I had worked for the charity I was employed by for eight-and-a-half years. The boss who was there when I started had a heart attack and was forced to take ill-health retirement in 2008. In 2009, a new manager, a woman, started, in more ways than one. I was subjected to a prolonged campaign of threatening letters and emails from her for being off sick with a debilitating illness and then she recruited a so-called HR consultant to assist her. Although the time-limit for taking the matter to an Employment Tribunal is now long-gone, the matter can be pursued through the courts as her actions and those of the HR consultant fall outside the ambit of employment law, although I have no doubt their excuses will be that they were acting within employment law. The law doesn't work like that.

[teaboy2]

Re: Can my Employer Share this Information?

Right guys back on track please!

First of all Ginger, you said you still had some paid leave due, which conflicts with what your employer stated as no paid leave available can you confimr you still have some paid leave due to you?

Secondly, under section 57A of the employment rights act 1996 you are entitled to take a reasonasble amount of time (unpaid) for time off for dependants, this includes time of to care for parents that are taken ill. You should draw up a schedule with your other fmaily members showing what days you will be required to visit and look after your mother, and present a copy (keep a copy yourself) of this to your employer letting them know you require those days off (include extra days either side for travelling if needed) under section 57A of the employment rights act 1996. If they deny you this time off then they will be in a whole world of ****, as they will be in complete breach of your employment contract which will amount to constructive dismissal.

As for them revealing your mothers illness to other employees, well that is a clear breach of the data protection act 1998 which is also a breach of your own privacy since your mother it is your mother they disclosed the information about, as all employees have the right to family privacy, as they have disclosed information regarding you and your mother, then they have breached the data protection act 1998 and are in breach of contract as well.