Confidentiality breach/disability discrimination??

[stircrazy]

Hi Everyone, Im looking for some advice please. Never done anything like this before

Ive got a long story that I wont go into just now.

I have an illness that is covered immediately by the Equality Act. I advised my employer about diagnosis and asked that it remain confidential (cant/wont talk about it as its too upsetting and impacts me). Now people in my department know about it. Ive raised a grievance and they have admitted they could have handled my confidentiality differently and offered me a few £, I declined. Time to move on. Ive since returned from being absent and they have got me seconded into another department. Its not working out (they are messing me about) and now it looks like I being returned to my old team, im now off sick with stress. This has been going on for 12+ months.

Can anyone kindly assist with direction? I have phoned ACAS and EHRC, CAB will not assist due to the depth of the case.

Thanks

[teaboy2]

Re: Confidentiality breach/disability discrimination??

Hi Everyone, Im looking for some advice please. Never done anything like this before

Ive got a long story that I wont go into just now.

I have an illness that is covered immediately by the Equality Act. I advised my employer about diagnosis and asked that it remain confidential (cant/wont talk about it as its too upsetting and impacts me). Now people in my department know about it. Ive raised a grievance and they have admitted they could have handled my confidentiality differently and offered me a few £, I declined. Time to move on. Ive since returned from being absent and they have got me seconded into another department. Its not working out (they are messing me about) and now it looks like I being returned to my old team, im now off sick with stress. This has been going on for 12+ months.

Can anyone kindly assist with direction? I have phoned ACAS and EHRC, CAB will not assist due to the depth of the case.

Thanks

Hi breach of confidentiality like this by an employer is known as breach of trust, which means they are effectively in breach of contract. As such you would be in your right to resign and claim constructive dismissal (i assume you have their admittal in writing?). But what would strenghen any such claim is any breach of the Equality Act.

So some questions:

1 - why were you transfered to another department and did you request the transfer or did they just transfer you anyway?

2 - Did they treat you deterimentally e.g differently to other staff, as a result of knowing your condition?

3 - did they carry out a risk assessment on your return to work?

I know you said you don't like talking about it but the more complete the picture the more we can help. And believe me, the more we can help the more better you will feel about it all.

P.s do not resign just yet though ok. As we need a fuller picture and you do not need to have resigned to take the emplyee to tribunal.

[Mrs James]

Re: Confidentiality breach/disability discrimination??

Hi stircrazy and welcome to LB.

As teaboy2 said, the more information you feel comfortable giving the better the help can be given.

If you would prefer, there is a private discussion forum which access can be applied for by contacting Celestine, Amethyst or Sapphire.

[teaboy2]

Re: Confidentiality breach/disability discrimination??

Just to adde to Mr James recommendations, i also know of a forum called no more panic. Its a forum set up and run by volunteers, much like LB is. Though over there they specialise in helping people who are disabled, or suffer/suffered from mental health issues such as stress, depression amd anxiety etc. There a great and very supportive bunch that will listen and help you with your health issues.

There Forum can be found here - No More Panic - Powered by vBulletin

When you get on their just post a thread in the hello/welcome section and they will welcome you with open arms.

[charitynjw]

Re: Confidentiality breach/disability discrimination??

Hi stircrazy, & welcome.

I would also echo the thought that, if possible, you don't resign.

Constructive dismissal is difficult to fight in Employment Trribunals.

Btw, has your employer's occupational health dept. been involved, & if so, to what extent.

Were they of any assistance to you?

[bluebottle]

Re: Confidentiality breach/disability discrimination??

Hi Stircrazy,

Love the handle. Your employer is guilty of a serious breach of trust and confidence and the Data Protection Act 1998. I am attaching a publication that should answer any questions you may have regarding the improper disclosure of your health details.

[SpringerSpaniel]

Re: Confidentiality breach/disability discrimination??

Do you have a Law Centre near you ? Law Centres

They can give free legal advice which is more in deplth than the CAB, this would normally inlcude employment problems.

[stircrazy]

Re: Confidentiality breach/disability discrimination??

Hi All,

Thank you SO much for taking the time to respond to me so quickly.

In response to your questions Teaboy2.

I was transferred as I asked to be, due to the impact on my health, I couldn't return knowing people knew about me (that's where the whole I don't talk about it/handle it well comes in). I was advised it was only a temporary move away from the team until a permanent role was found, but since moving I have been faced with these people and my manager says there's nothing they can do about it.

I have also been given very little work to do and no work to the degree to which I should be working and nothing to do with the role I signed up for. I have complained about this on several occasions but to no avail. I have had no 1to1's, no objectives set, nothing. I have advised them that it is impacting my health as I am stressed at what's happening and what's next..... I have had no risk assessment since returning.

I am now being told that they are looking for a permanent role for me (I must look at whats available and apply for the role) and I must stay within the temporary role I am in (this will continue for the next 6 months). They are advising me they are doing everything they can to get me a role but there is nothing available (there's at least 50+ vacancies).

I had been referred to Occupational Health some time ago, they just said that I find my previous role stressful (the one where everyone knows) and that management are looking at alternatives for me.

My battle continues.

Oh and yes I have it in writing that they should have done things differently around the confidentiality. My concern is that there admittance to the breach was 8+ months ago, I thought it was over at this point and moved on, now its starting again......I feel like they are making things very difficult for me.

Do I have any options now you know a little more, would this fall into a continual act of discrimination?

[teaboy2]

Re: Confidentiality breach/disability discrimination??

Great you have there admittal in writing as thats a smoking gun in sense of evidence.

Also thanks for giving us some more detail about the current situation and whats occured etc.

Though i am confused as to what you mean when you said " but since moving I have been faced with these people and my manager says there's nothing they can do about it." - When you say faced with these people, do you mean their has been some form of harassment or bullying campaign pain by those people regarding your health issue or against you in general? Need a bit more back ground and clarification on that part.

Also what is a major concern of mine is the following:

"I am now being told that they are looking for a permanent role for me (I must look at whats available and apply for the role) and I must stay within the temporary role I am in (this will continue for the next 6 months)."

Its a concern, because 1) - They have a duty to find you an alternative role, and you certainly should not be expected to have to apply for it like you would for a new job. 2) they are stating your current position is to last only 6 months, what will happen after those 6 months have expired and no position has been found for you? It seems they maybe conspiring to get rid of you, by A) turning down your application for all other positions and allowing the 6 months to expire and B) Clearly they are using your lack of employment law to unlawfully dismiss you at the end of the 6 month period.

Now legally they are obiliged to find you an alternative role within the company, and you are not to be expected to apply for said roles. Their failure to carry out a risk assessement and also find you an alternative role is a breach of employment law (can't think which legislation/regulations of top of my head, only just woke up 1hr go lol). Basically your employer is not just in breach of contract fro breach of trust, but also in breach of breach of they duty of care, which they are legally obliged to fulfill their duty of care to all employees, and it sounds to me they have clearly been ignoring their obligations when it came to yourselve.

[stircrazy]

Re: Confidentiality breach/disability discrimination??

Thanks Teaboy2, sorry it all makes sense in my head and I get carried away with what's in there lol........

What I mean is, I was really scared to return to the said department so I asked to be redeployed out with that department/team, didn't want to face the people who knew about my illness and gossip etc or the feeling sorry for me blah blah. They redeployed me to another area and then my old team were transferred to my new location/department. So having asked to be moved away, ive ended up back at square one (seeing and having to face people who know: through their breach, if that makes sense). So my Manager is pretty much saying, get over it and deal with it and move on, there is nothing they can do to stop me seeing these people. My point is, if they hadn't of breached my confidentiality; I wouldn't just have to deal with it. If they transferred me to another location the risk of seeing them will be reduced.

With regard to the time frames would it still be acceptable to start tribunal proceedings or am I out of time or would it fall under a continual act? Or should I be lodging another grievance and for what?

Also, would it be fair of me to request they re-instate my pay under a reasonable adjustment, as the reason I am absent is due to their malpractice?

What do you think should be my way forward?

Thank you

[teaboy2]

Re: Confidentiality breach/disability discrimination??

Thanks Teaboy2, sorry it all makes sense in my head and I get carried away with what's in there lol........

What I mean is, I was really scared to return to the said department so I asked to be redeployed out with that department/team, didn't want to face the people who knew about my illness and gossip etc or the feeling sorry for me blah blah. They redeployed me to another area and then my old team were transferred to my new location/department. So having asked to be moved away, ive ended up back at square one (seeing and having to face people who know: through their breach, if that makes sense). So my Manager is pretty much saying, get over it and deal with it and move on, there is nothing they can do to stop me seeing these people. My point is, if they hadn't of breached my confidentiality; I wouldn't just have to deal with it. If they transferred me to another location the risk of seeing them will be reduced.

With regard to the time frames would it still be acceptable to start tribunal proceedings or am I out of time or would it fall under a continual act? Or should I be lodging another grievance and for what?

Also, would it be fair of me to request they re-instate my pay under a reasonable adjustment, as the reason I am absent is due to their malpractice?

What do you think should be my way forward?

Thank you

It would fall under continualous act. But to confirm this i need to know if your colleagues has been mentioning you condition, such gossiping about you when your there any form of harassment of mickey taking because of your condition or anything that amounts to derogatory comments or bullying as a result of your condition.

[stircrazy]

Re: Confidentiality breach/disability discrimination??

Not to my knowledge, I have nothing to do with them now, I ignore them.

[charitynjw]

Re: Confidentiality breach/disability discrimination??

Imho you will not be 'out of time' if you can show that it is an ongoing scenario.

Edit
(Sorry teaboy, crossed in the post)

[stircrazy]

Re: Confidentiality breach/disability discrimination??

Oh I probably should say that they had been gossiping, which led me to take it to grievance in the 1st place.

[teaboy2]

Re: Confidentiality breach/disability discrimination??

Right, what sort of things were being said, were you in ear shot at the time, what was mentioned to you about the gossiping. Have you still got a copy of the grievance letter you sent in? If so, i can pm you my email address for you to send me a copy along with any response the company gave, that way i can see exactly whats whats and if any discrimination and/or bullying has occured, which sounds likely. Also it will save you from having to think about it all and write it what had happened.