Employer disclosed medical details

[Anon101]

About a year ago I was diagnosed with testicular cancer and took 5 days off to have an operation. I told the CEO and we exchanged texts while I was off. While I was recovering I sent a text saying I was returning in a couple of days and asked he did not disclose details to my team I wanted to tell them the details in my own time. He informed me another manager of his had already discussed it with my team. Phycologically this was a real big deal, it changed everything, I was angry, I felt I couldn't stay, I didn't know who else knew. within a few months I handed in my notice having served 10 years as a senior manager I gave an excuse about time to move on. I lost a huge amount of potential earnings/benefits through this and only now think about how their actions led me to this. Would I be able to make a case for compensation now ?

[Sangie595]

Re: Employer disclosed medical details

I doubt it. You didn't do anything about it at the time, and you appear to have moved on voluntarily and that is what you said. To now state that this was not the truth a year later is open to a great deal of questioning.

But even if you could get past that, the process is complicated and you would first have to get the ICO to agree it is a breach of the DPA. But the ICO cannot award compensation, so you would then have to go to court and prove your case for damages - and that case would be potentially damaged by the fact that you have clearly stated that it was time to move on, not that you felt forced to move on and why.

More information here https://ico.org.uk/for-the-public/compensation/

[Anon101]

Re: Employer disclosed medical details

Yeah I kind of thought that would be the case. Do you think it is a breach of the DPA ?

Other than DPA is there any other legal protection for employees from having medical details disclosed by their employers ?

Or, if it's not a breach of the DPA, which is likely as it wasn't part of any data or record do you think the company is acting within their rights to discuss medical details of employees with other employees.

For constructive dismissal is it even necessary to prove they broke the law ?

[charitynjw]

Re: Employer disclosed medical details

Constructive unfair dismissal needs to be initiated via an Employment Tribunal within 3 months less 1 day of the incident.

[Sangie595]

Re: Employer disclosed medical details

Constructive unfair dismissal needs to be initiated via an Employment Tribunal within 3 months less 1 day of the incident.

This is right. Plus it is almost impossible to win, and in these circumstances, with no grievances raised about it - it would be impossible to win.

I think that the problem is that this is not about the employer "acting within their rights" or not. Rights aren't what this is really about. You objected to the information being disclosed - you should have said so. It was a judgement call for the employer. In my opinion, without discussing it with you first, a bad judgement call. But a judgement call nonetheless. In the same situation someone else could have come back and/ very distressed by lots of questions from the team as to what was wrong with them. I very much doubt that there was any ill intent here, and it is a shame that you didn't speak to the employer at the time about this. It has clearly distressed you, but I do think this could have been resolved by a conversation. The employer couldn't turn back time on it, but they could have apologised, and they could have discussed it with you and perhaps offered something in the way of a more concrete apology. But it really is too late now.