breach of data protection act....twice????

[simbatim]

Hi,

 

I'm hoping someone can help. I was working for an agency from 17 nov until 23 dec 2009 which was the date I was contracted to work until.

 

However, the place I was working for were willing for me to return after xmas which I'd been trying to sort out with the agency since the beginning of dec up until my last day (23rd dec). As of 23 dec I said my goodbyes at my work placement and went to the agency to hand in my final timesheet. I'd still not heard whether I was being kept on or not so, just went over and said it was my last day and to thank them for having me to which the agency replied they'd be in touch if they needed me again.

 

I then went home on xmas eve for xmas but also received a permanent job offer that same day as I'd attended an interview the week before. I accepted the permanent job and was due to and did start today.

 

However, when I was ill in bed with the cold on Wed last wk I had lots of missed calls and 2 voicemail messages from the agency asking me to call them urgently as I was required back at my previous work placement. I did not return the calls that day as I was not feeling well and after how they'd been about not securing me work after xmas despite plenty notice I was a little annoyed with them tbh. Anyway to get to the point I then received a call from my mother who said the agency had called her?!?! Yes, I had given my mother's details as next of kin for emergency situations but surely this does not constitute such? The fact they couldn't get hold of me for one day. Plus my assignment with them had ended so, it was hardly as though I'd not turned up for work or anything. Also, what right do they then have to quiz my mother and ask her lots of questions about my new job, surely this is none of their business. Anyway, I let this lie as I had my new job to start and just didn't want to have any further contact with the agency after how poorly they had treat me.

 

I rang the agency today to request my P45 and they've now told me that I have to request it from them in writing....is this correct? I also received a text message today from a lad I was working with from the agency at the same placement who said the agency had given him my number. The agency then lied to me when I rang them at 5pm today and asked for my permission to give this lad my number when strangely they clearly already had as he's text me at 2.30pm that same day, prior to my call to them in which they asked my permission to give him it. Surely this is not right. When I confronted them about this all I got was mumbles.

 

I'm so annoyed that they have contacted my next of kin unnecessarily and then to go on to give my details out without my consent. I'd really like to take this matter further as I have no intention of working for them again and after all the hassle there has been I doubt I have any chance of obtaining a decent reference despite the management at the assignment I'd been on offering me permanent work and being pleased with my progress. Sigh...!!!

 

Any suggestions would be gladly appreciated as I feel this agency has been extremely negligent.

 

Thanks

[Conniff]

Until you give formal notice of termination of employment to the agency, you are still on their books so won't get a P45.

 

If they are contracted to supply staff to this company in the position you have been offered, they could make it very awkward for you and even get your employment terminated.

 

asking me to call them urgently as I was required back at my previous work placement

 

It sounds to me like they were doing you a favour in getting you back into work as quickly as possible and were doing all in their power to contact you before giving the job to someone else. I also sounds as if your mother mentioned that you had a job to go to so they wanted to know what it was.

 

I think you are making a mountain out of a molehill and by attempting to get back at them for what seems as them getting you employment could come back to bite you on the bum.

[simbatim]

It seems to me you havent encountered agency working very much as you seem to have totally missed my point. They were not doing me a favour at all as if they had been they'd have sorted the contract extension out for me before xmas and not been ringing and harrassing myself and family members on the 29th dec purely as they were probably going to and rightly should have lost that work placement due to their own staff negligence.

 

My major concern here is the fact they have contacted a next of kin in a non emergency situation and that they gave my personal data out without my permission which you seem to have totally overlooked in your reply.

As for any connection between the agency and my new job there is no connection there whatsoever and I have no need to use this agency as a reference as I have given previous employers that I know and trust.

[silverbird_9t9]

Simbatim, in the course of my work I book staff through an agency and, in their defence they often do not get firm instructions from the client until late in the day. As Conniff said they were obviously doing their best to contact you in order to offer you work. Perhaps the problem could have been avoided if you had answered your phone. Also, knowing that you had already accepted an offer of a permanent job, would it not have been more fair of you to inform them rather than leaving them to waste time and resources trying to contact you?

[simbatim]

I did let them know on the 23rd dec that I wouldn't be returning (i.e my last day) as I mentioned previously and didnt answer my phone on 29 dec as I was ill in bed with the flu.

I think people aren't getting the point here that my personal information (i.e my phone number) was given out without my consent to a member of the public by the agency. This is what I am angry about, not the fact that my contract wasn't renewed as it had already ended as far as I was concerned.

[Conniff]

I then received a call from my mother ....

 

(i.e my phone number) was given out without my consent to a member of the public

 

I wouldn't call your mum a member of the public. And why would you not want your mum to have your phone number.

Edited January 5, 2010 by Conniff

[ErikaPNP]

I think the OP is referring to this, rather than her mother:

 

Hi,

 

I I also received a text message today from a lad I was working with from the agency at the same placement who said the agency had given him my number. The agency then lied to me when I rang them at 5pm today and asked for my permission to give this lad my number when strangely they clearly already had as he's text me at 2.30pm that same day, prior to my call to them in which they asked my permission to give him it. Surely this is not right. When I confronted them about this all I got was mumbles.

[simbatim]

Lol...if u read the first post properly and stopped being so rude it may help.

 

As I said in the first post the agency gave my number out to a member of the public (i.e another agency employee who I had been working with) without my permission. A completely seperate issue from them ringing my mother as funnily enough my mother has my number already.

[Rooster-UK]

From what I have read in this thread, your only recourse is a formal letter of complaint to the agency regarding them giving your number to a third party.

I see no other direction for you to take.

 

Regards, Rooster.

[monkeychicken]

Lol...if u read the first post properly and stopped being so rude it may help.

 

 

I didn't think it was rude - someone simply missed reading the whole of your post thats all.

 

A few years ago, a friend at University was trying to escape from being forced into a marriage and did not give her mother a contact no. The mother contacted the university medical centre and managed to persuade them to give her address and contact no. - so sometimes one might not want their own mothers to have their tel no.

 

Whats this got to do with anything? Dont know - I've lost it, must be the snow!

[monkeychicken]

OP if you feel that strongly, make a complaint to the agency itself and you also have the option of complaining to the Information Commissioner, although I'm not sure how far IC will want to take it.

[Conniff]

Telephone number are found in the phone book, so it's not exactly a secret. The mobile companies also have a directory for anyone to get a number from.