Breach of confidentiality at work

[Margarets]

Prior to an office move, I advised HR that I could not do heavy work due to extreme nerve pain and for which I was having Neurosurgery for a few weeks later. This was accepted by them but it was lip service only and I ended up going home in agony and increasing my medication(morphine). My husband complained to HR but I have found out that the HR manager shared this email with another member of staff (finance manager and Company Secretary) They have explained this as needed due to a possible payroll adjustment which is not true as I was no where close to this, and they have said that as company secretary she had a right to know as there was a business need. There was no business need and no payroll adjustment on the horizon. Surely there was no need for this member of staff to have sight of an email with sensitive and private information such as medication.

[Sidewinder]

Did you specifically ask for the information to remain confidential only to HR?

 

Not sure that you will get far with a complaint as the employer can easily justify the limited release of information amongst senior personnel - it would indeed be relevant IMO to the business to have a wider knowledge of any medical condition and associated treatment.

 

In your particular case, the fact that there may have been a suspicion that working exacerbated a condition and this resulted in a complaint from your husband, would (again IMO) demand that the information was referred to more senior management - consider for example that in certain circumstances the company could have faced a negligence and personal injury claim?

 

Providing that your email did not become a discussion point with the more rank and file members of staff, and unless you made a specific request for the details to not be disclosed to management, I do not consider that you have any grounds to complain.

[stu007]

Hi

 

I do Have to agree with Sidewinder unless you specifically asked and they acknowleged the confidentiality you my find it hard to prove.

 

You need to bear in mind that the Company would need to disclose certain information to certain department for the company to carry out its duty of care and any legal aspects i.e. Finance, HR, Senior Management so they can maintain their business activities daily.

 

From what you have posted IMO unless you specificaslly asked them I see no recourse.

[altobelli]

Depends on the circumstances. If there was a genuine need for other people to know, then it is legitimate. If they have lied about the reasons for needing to share information then it could be a breach of confidentiality and may be a cause for complaint.

[assisted blonde]

Really cant see that this is a reason to complain, as you may have had to change your work patten duties and leave early surley its better that the management know why?

[Margarets]

Depends on the circumstances. If there was a genuine need for other people to know, then it is legitimate. If they have lied about the reasons for needing to share information then it could be a breach of confidentiality and may be a cause for complaint.

 

There was no need for this person to know that my husband had complained to HR about their failure in a duty of care. They claim it may have been for business need but cannot name it and they also claim it could be for a payroll adjustment but this was not the case by a long shot. I am entitled to 3 months off on full pay and I was no where near this stage. Surely there should be a reasonable expectation that complaints made are, in the first instance, treated as confidential and that any information needed to be shared is done on a "need to know" basis. The member of staff who was sent the email had no reason at all to know of the complaint or the sensitive nature of my medication. I had always been led to believe that HR matters were treated in confidence.

[altobelli]

There was no need for this person to know that my husband had complained to HR about their failure in a duty of care. They claim it may have been for business need but cannot name it and they also claim it could be for a payroll adjustment but this was not the case by a long shot. I am entitled to 3 months off on full pay and I was no where near this stage. Surely there should be a reasonable expectation that complaints made are, in the first instance, treated as confidential and that any information needed to be shared is done on a "need to know" basis. The member of staff who was sent the email had no reason at all to know of the complaint or the sensitive nature of my medication. I had always been led to believe that HR matters were treated in confidence.

 

So the finance manager was told of your specific medical condition rather than just being told that a payroll adjustment might be necessary?

[becky2585]

It isn't a breach of confidentiality - not legally, anyway. It's inevitable that such matters will be discussed amongst senior personnel.

[altobelli]

Yes, I could see the need for the Finance Manager to need to know in advance of a potential payroll adjustment (although it does seem to have been done prematurely). But divulging specific medical details, that would seem wrong?

[Margarets]

So the finance manager was told of your specific medical condition rather than just being told that a payroll adjustment might be necessary?

 

 

Yes. The email was a complaint that they had failed to provide help with heavy work, despite me asking for it, in advance and then on the day. It mentioned that my condition had worsened and that extra morphine was necessary. There was nothing about pay mentioned.

[altobelli]

I can see why that would annoy you. Becky may be able to advise you better than I, but I would have thought under Data Protection this could be problematic. The Finance Manager should really just need to know that a payroll adjustment might be necessary (I think in your case they've jumped the gun a bit with advising about a payroll adjustment, but that's maybe not a big issue). Advising on specific medical conditions and treatment wouldn't seem necessary and could cause embarassment in some cases.

[Margarets]

I can see why that would annoy you. Becky may be able to advise you better than I, but I would have thought under Data Protection this could be problematic. The Finance Manager should really just need to know that a payroll adjustment might be necessary (I think in your case they've jumped the gun a bit with advising about a payroll adjustment, but that's maybe not a big issue). Advising on specific medical conditions and treatment wouldn't seem necessary and could cause embarassment in some cases.

 

Thank you for your help. I can now take this forward up the line a bit now that I know that they were over the top.

[Margarets]

I have signed a mandate allowing my husband to deal with employers over varies matters. I am off sick after brain surgery. The mandate was provided by HR but some managers are refusing to deal with my husband. I am not up to this at the moment and have issues that need sorting out before I return to work.

[BRIGADIER2JCS]

Hi sorry to hear of your problems, why reasons do the managers cite for not acknowledging the mandate?

[honeybee13]

Hello again.

 

I'll merge this with your other thread so the information will all be together. This usually helps the people trying to advise you.

 

HB

[becky2585]

It's rather odd that HR would put forward such a mandate and then refuse to act on it! Did they give a reason?

[Margarets]

They say that they are not willing to discuss internal matters with an outsider. The problem is that they have spoken to him by phone and email up until this week but wish to stop now.

[honeybee13]

I don't know what the legal position is, but they're happy to discuss your medical problems between management internally and now they don't want to involve your representative? I don't see the logic.

 

HB

[BRIGADIER2JCS]

Some thing to hide perhaps??

[Margarets]

Some thing to hide perhaps??

 

 

Plenty to hide. Started off with a complaint from my husband re failure in duty of care. Then the email of complaint was shared by HR to someone who is not in my line management and did not have a need to know sensitive detail re my condition, medication etc. Data Protection officer is now saying nothing after passing it off as a business need. When asked to explain he refused to recognise mandate and when i asked directly to explain the "business need" he now advises that he is finished speaking to my husband on the matter and is not even giving me the information. I am still on sick leave and am trying to clear up a matter before I return and need assistance from my husband. The way HR are dealing with the matter is causing stress but is also showing themselves up big style. We also asked for copies of sick notes etc as they have me down as absent with my condition even before it was diagnosed.! They are ignoring most things so yes, something to hide. Thanks for your help so far!!

[altobelli]

Here's a link to the ICO which might help, it includes a telephone number:

 

http://www.ico.gov.uk/complaints/handling.aspx