me v jaguar

[shifty50dog]

Hi. i allowed a supervisor to read a medical document but told him not to divulge any information from it because he was putting me under pressure from taking time of work he wanted to give me a written warning my union steward turned out to be his mate two months later acopy was in the works surgery.But he had also passed to my superintendant hr girl wha advisor and they never told me they had read it.I made a complaint in january about this the company have changed there process but will not take any action against these people the superintendant and supervisor ignored wha medical restrictions and put me on jobs i should not have been doing and the company have now told me they will take action against me if i persist in complaining to a higher level.Forget the union jaguar own them they are corrupt.If any good data lawyers see this please contact me and i have contacted the Information Commissioners Office what a waste of time.Now im of work ill these people are now being protected by hr managers they are real scum.

[GlasweJen]

I'm not a lawyer, I can tell you that if you want to go anywhere with this you have to put all your grievances in writing to someone important, usually head of HR. They then legally have to come up with a solution for you. If you don't you can take them to an employment tribunal but this is risky as only a small percent of people who get to tribunal stage win.

[shifty50dog]

Hi been there done it.Even to the manager of the plant im just a number been trying to get these people delt with the hr girl and wha girl have left the company the supervisor has even said he didnt copy the document he got his floater give a false statement to say he didnt put me on a job that abused my restrictions.Ive been to the law centre they said constructive dismissal would be an avenue but i would have to resign this could take years.The culture in jaguar towards the track staff is very bad.

[GlasweJen]

employment tribunal cases (even dismissal ones) only take about 6 months from start to finish. Constructive dismissal is a last resort but you have to show that the breach of confidentiality and the rest happened right up until you left so a nice thick paper trail comes in handy for that.

[shifty50dog]

Hi i here what you are saying the union solicitor had all the paperwork but said there was nothing he could work on has i had allowed the supervisor to read the document i still dont understand how this allows him to photocopy it with out asking me and telling me hes done this.The I.C.O also stated he had done nothing wrong even thoe he had passed to other people it really shows that the dta laws are a joke.This document had some of my gp notes on it im really ****ed about it.But because i own a house i cannot get legal aid to fund court costs.

[shywazz]

You allowed ur supervisor to read your Medical report... Why? If he had a problem with you been absent, then he should have raised his concerns with the HR dept, not badger you for information.
Now the contents of what he read have become known to others in the work place, this comes under the data protection act, knowingly giving information away without the persons permission, is deemed a breach of this act, however, this could be made to look just like work place gossip, as you did give this person permission to read your medical reports, its unfortunate he is now letting others know the contents.
As for the union, if you feel the rep on site, is been unfairly mis-treating you pleas, then contact the head office of the union, and arrange a meeting with a union rep who doesn't work on the site and is not closely involved.
You also mention a HR girl, this person is in a high profile postion, any paper-work or documentation, meetings/minutes etc etc are confidental and if she is giving such details away to anyone, is she in fact stealing employee data for her own means, and any union will take the matter up and investigate, she would have had to sign a agreement stating that all information that she comes across in her postion, will remain within the company and confidental.
Failing with the union, contact Acas - Error Page site playing up at mo. whom will guide you through anything ur unsure about, there might even arrange a one to one to discuss this with you.
If you have medical notes entailing what duties you can perform, due to ur illness etc, you can refuse to do the tasks asked of you, if you deem there are out of the scope of your medical notes, your health and safely rep should be made aware, if you are performing duties beyond your capabilties, and might be deemed at risk to other employees around you.
Always keep letters about such for futune ref, any meetings take someone you can trust to monitor and take notes.
I've had more than my fair share of HR dealings in the big well known company i work for, and faced such supervisor bullys, i even use a differant union to the on site one, as like urself i don't trust the one on site. Don't be deterred with what there are doing, keep alog of all dealings, that way you won't forget anything should you need to look back on such.

Forgot to say, since you are a union member, you might be entitled to free legal plus service, which pays for any legal fees should the need arise. check ur unions web page for details.

[shifty50dog]

Hi ive just sent a letter to the chief executive about this.HR sent a letter saying they were going to take disciplinary action against me if i continue complaining about this.And ive got a top union mediator involved.He phoned me to tell me he had talked to the hr manager who contacted him he only seems to be interested in the managements point of view and this is from the t@g unite every time i talk to him he seems to be on there side it stinks.When the superintendant had me doing a job on the track wich abused my restrictions listen to this a steward carried on doing it when i was going to plant conference meetings with the company and said nothing.they have intercepted that letter or the chief executives p.a has informed them about now i dont even know where that letter is and i sent it registered post.The works relations officer said to me last wednesday i should stop chasing my tail they are all just rotten to the core and my wife wants me to let it go because its been going on since january they just drag it out.If i go to the press the union mediator has informed me that they will sack me.

[GlasweJen]

Originally Posted by shifty50dog

Hi i here what you are saying the union solicitor had all the paperwork but said there was nothing he could work on has i had allowed the supervisor to read the document i still dont understand how this allows him to photocopy it with out asking me and telling me hes done this.The I.C.O also stated he had done nothing wrong even thoe he had passed to other people it really shows that the dta laws are a joke.This document had some of my gp notes on it im really ****ed about it.But because i own a house i cannot get legal aid to fund court costs.

No that's not what I said at all, if you read what I wrote in both posts before you wrote that I advised that you should file a grievance and if that gets you nowhere you should either
1. leave and claim disability discrimination and constructive dismissal,
2. stay and file at an ET for disability discrimination or,
3. do nothing and put up with it.

Don't go putting words in my mouth, as it happens I'm taking my employers to an ET for constructive unfair dismissal, disability discrimination and oh, coincidence here - discussing my medical records in public and in front of people who I then had to serve. Difference here is I didn't stand for their nonsense, I wrote the letter, I wrote another and then I was out of there and the ET1 form was submitted. Was it easy? Oh aye, there's only so much testicals one can take from an employer before you either stand up for yourself or turn into the company doormat.

[paulgmb]

Always remember you have a choice these days. If you are not happy with the Union whom you are paying for a service then join another one, there are plenty to choose from!

They may not be able to help you with a pre existing problem though.

Regards,

Paul

[shywazz]

Its good that you now have another union rep involved, whom isn't on site so to speak, hold fire on contacting the press, as advised by ur new rep, this could/might open some ugly doors, which you might/could come of worse. T&G eh, there the union on site at my place of employ, and sadly i find them of NO use when it comes to such dealings, hence joined Usdaw whom seem to be on the ball, when i need them.
As JEN as said, no-one deserves to become a company doormat, we all work to provide for our familys, and have rights while in employment, which the company should follow to the book. ( hope ur claim for construtive dismissal is going well Jen )
Remember shifty, try not to get involved in talking, as words mean nothing wheres something on paper will hold stance.

[GlasweJen]

At the moment my claim is on the back burner, I've yet to submit a counter offer to ACAS stating that I don't know enough about the process and need some time to think it through and name a number. Meanwhile I have the other sides lawyers badgering ACAS for me to name a price........I wonder if it's because I asked for copies of documents that I know don't exist but ought to if the other sides story is to check out.......*evil laugh*

[shifty50dog]

Thanks everyone.
Ive asked for a move to another site But i dont think they will allow this to happen.Im now asking where that letter to the chief executive is with him or is p.a or have hr got it.Now demanding that my data search i paid for in january be complied with ive had data from my personal file but none from my medical file told them i will report them to the I.O.C for non compliance if they dont send the information.Its ironic all the people ive made complaints about to the company about copying and passing this document have all made statements but the company will not let me see or have copies under the D.T.A because its got there names on the statements.