Employer disclosed medical information to colleagues

[decoratingwizz]

Re: Employer disclosed medical information to colleagues

@ enquirer - thanks (it is true though).

[enquirer]

Re: Employer disclosed medical information to colleagues

You've got them on the ropes with regard to the disclosure of confidential information. It would be wise to let that one roast for a while, too.

[decoratingwizz]

Re: Employer disclosed medical information to colleagues

I'm liking the analogies. When you say let it 'roast' are you saying stick it out at work? My manager stands by her decision of telling my colleagues why I was off (not just that I was off), citing that it evidenced a need to discuss the issue of stress within the team. (True-I agree that, however, does my medical info need to be disclosed without my consent to enable this conversation?!) However, she stated she didn't mean to cause me further distress and anxiety (which it has). TBH my partner and I discussed me handing in my notice today and he's supportive of this. I am of the opinion if I remain there it wouldn't be good for my wellbeing.

Going back to writing my resignation then - thought on directly referencing this incident in my resignation letter? Or separate grievence? Or alternatively provide all the info to the ICO and let them get on with it?

[enquirer]

Re: Employer disclosed medical information to colleagues

I'm liking the analogies. When you say let it 'roast' are you saying stick it out at work?

They are in trouble and they know it. If they have any sense, they will be more accommodating in the future.

My manager stands by her decision of telling my colleagues why I was off (not just that I was off), citing that it evidenced a need to discuss the issue of stress within the team.(True-I agree that, however, does my medical info need to be disclosed without my consent to enable this conversation?!)

Looking to see if your issues have a wider relevance would be good practice. Where it all went wrong was discussing you specifically. As you rightly say, that was unnecessary.

Going back to writing my resignation then - thought on directly referencing this incident in my resignation letter? Or separate grievence? Or alternatively provide all the info to the ICO and let them get on with it?

That depends very much on where exactly you want to go with this now.

Unless you intend to sue them, raising a grievance is pointless if you propose to leave. Taking it to ICO will probably get them a fairly tart letter advising them with regard to the law. Frankly, a prosecution is very unlikely, and the prospect of compensation from any data protection related civil action not much better.

Furthermore, if they realise that ICO is not going to tear them into pieces, then they may get cocky, so it might be better to leave the prospect of being reported hanging over them. At the moment, you have the initiative.

If you have really had enough, then fine. But bear in mind that prospective new employers will want to know why you left (that said, a cynical person might consider using their blunder as a lever to get a really good reference).

[decoratingwizz]

Re: Employer disclosed medical information to colleagues

Re: reference. Funny that - my partner and I were discussing this issue in further details earlier and it could be used as good leverage. I agree to letting it roast a bit. I think that in addition to my letter of resignation there needs to be a separate letter about this incident which I will asked to be placed on my HR file.

Re: sueing/legal action, etc. Not sure I have the energy. It's better to channel that into looking for work and finding a new job in an area I enjoy more.

Have been considering a change of direction for a while and not sure that I wish to work for Local Authorities anymore!

[bluebottle]

Re: Employer disclosed medical information to colleagues

I have to agree with what Teaboy2 says. In addition, I would say that the manager's conduct amounts to a breach of trust and confidence that impacts upon the employer, the manager being a representative of the employer. Although this manager may be offering "supervision", disclosing your confidential medical history to colleagues whom, it would seem, had no reason to need to know, my gut-feeling is that this needs to be referred up to senior management. The ICO has published guidelines for employers about disclosure of employees' personal and medical data so the employer has no excuse. Since acquiring its power to impose Civil Monetary Penalties (CMP) on those breaching the Data Protection Act 1998, the ICO is flexing its muscles and hitting offenders with eye-watering CMPs, the highest to date being Ł480,000. The maximum CMP the ICO is permitted to impose, at present, is Ł500,000.

If you are a trade union member, see if your TU can help. Failing this, if you have home contents insurance, check the policy as a lot of policies offer cover for legal costs in employment disputes.

Hope this helps.

[decoratingwizz]

Re: Employer disclosed medical information to colleagues

The union in my place is terrible. Unlike anywhere else ive ever worked-very weak. I think if I liked the job more and was convinced I wanted to stay I would fight more. Im not even sure raising it with senior management would help. The management's not great. I think the best course may be to write a stern letter which also details our phone convo last night (which was slightly heavy handed by her I feel but thats about covering her back), hand in my notice when I return next week and focus energy on new job. I may consider ICO-they seemed quite keen on me sending in my evidence when I spoke with them on the phone. I worry about references. I know Someone else who stuggled getting a good reference and the one which was provided was untrue. That's being followed up with a union.

[bluebottle]

Re: Employer disclosed medical information to colleagues

The union in my place is terrible. Unlike anywhere else ive ever worked-very weak. I think if I liked the job more and was convinced I wanted to stay I would fight more. Im not even sure raising it with senior management would help. The management's not great. I think the best course may be to write a stern letter which also details our phone convo last night (which was slightly heavy handed by her I feel but thats about covering her back), hand in my notice when I return next week and focus energy on new job. I may consider ICO-they seemed quite keen on me sending in my evidence when I spoke with them on the phone. I worry about references. I know Someone else who stuggled getting a good reference and the one which was provided was untrue. That's being followed up with a union.

The unauthorised disclosure of your medical history is serious. Please be in no doubt about that. How many other employees' medical histories has this manager disclosed without authority? That is the question that needs to be asked.

Whilst this may sound a little "off-the-wall", things happen for a reason. In your case, it looks like fate is doing its best to take you out of your current working environment to go on to somewhere and something better. Also, what you have highlighted about your current working environment clearly indicates that it is dysfunctional and something needs to happen in order to shake this manager and the line managers above them out of their complacency and lax attitude to the security of personal data. Letting the ICO off their leash is probably what is needed to bring about necessary changes so that your current colleagues and future employees do not have happen to them what has happened to you. As far as references go, if you have complained about the unauthorised disclosure of your medical history and nothing has been done about it, I would think your current employer would be very foolish indeed to profer an adverse reference. In any case, if an employer renders a reference containing statements that are untrue, they risk legal action and, possibly, a loss of reputation if they are taken to an Employment Tribunal or court. The attendant publicity such hearings attract can, in itself, do far more damage to an employer than any costs, damages, expenses or fines.

[decoratingwizz]

Re: Employer disclosed medical information to colleagues

Time for bed said zebeedee - thaks for your posts. The plan is slowly coming together - one step at a time. I'm sure come Thursday I will have formulated a robust plan. I will keep you all updated and maybe ask for some more advice with drafting the complaint letter as evidently the email I sent just was not getting through to them (or they chose to ignore it and try and push it back onto me!). It's reassuring to hear from other people outside the organisation that this just isn't on - I think that when you are hooked into a dysfunctional workplace it really traps you and warps your thinking, judgement and self-esteem and you end up accepting things which actually just aren't OK!. Thanks for all you useful responses guys!aw:

[Bobthelog]

Hi, how did this end? I am curious to know as I have exactly the same problem going on. Many thanks.