Confidentiality breach/disability discrimination??

[stircrazy]

Re: Confidentiality breach/disability discrimination??

Thanks Teaboy, your very helpful and its really appreciated.

Its a v long story and there is way more detail than I am putting here (Im including the pertinent points).

I did not hear the gossiping, 2 x people spoke to someone else who told me, one of the people had access to their LM emails (my LM too, to whom I had been emailing), to which of course they denied upon the grievance appeal (also it was actually the grievance appeal outcome, I had to appeal the grievance outcome as the outcome of that was basically, they had done nothing wrong and my grievance was not upheld!). The person who told me, wishes to remain anon.

Still got copies of everything.

[teaboy2]

Re: Confidentiality breach/disability discrimination??

Will Pm you my email to forward what documents you have relating to this. You can if you wish remove any personal details like names, company name and address etc.

[bluebottle]

Re: Confidentiality breach/disability discrimination??

Failure to carry out a risk assessment is a breach of Regulation 3, Management of Health & Safety at Work Regulations 1999. However, this can have a knock-on effect of meaning that the employer is potentially in breach of Section 2, Health & Safety at Work Act 1974, also.

[stircrazy]

Re: Confidentiality breach/disability discrimination??

Thanks Blue bottle

[teaboy2]

Re: Confidentiality breach/disability discrimination??

Hi All

Have received the documents from Stircrazy - Yes they failed to carry out a risk assessement which Blue bottle correctly pointed out the implications for such failure. Yes they admitted to Breach of Confidentiality, and offered a compromise agreement, which am not sure if Stircrazy signed or not, though i doubt she has and no doubt she will confirm this (The amount offered was pathetic to say the least considering).

I can also confirm the it is not just stress or mental disaility but a pysical condition in question too, though obvioulsy i can disclose what exactly without Stircrazy's permission, bow can i go into eact details of the content of the letters without her permission.

But we do have so long as no compromise agreement has be signed.

1) Breach of data protection act 1998
2) Insecure email addresses being used to transmit confidential information containing personal data (e.g. others has access to line managers email account)
3) Failure of risk assessment in breach of Regulation 3, Management of Health & Safety at Work Regulations 1999 and potentially in breach of Section 2, Health & Safety at Work Act 1974 (Thanks Bluebottle, youd saved me from having to look it up lol - THOUGH, this is scottish law which this case falls under, but am assuming the above applies to scotland too just like employment rights act and eqaulity act etc, will need to check though)
4) - Possibly planning by the company to dismiss her at the end of the 6 month period for the position they redeployed her too (as i highlighted my concerns about it my earlier post #9.
5) - Failure to provide/make changes in respect to her conition that she needs to make her working more comfortable i.e. car parking provisions, no doubt nearer to the entrance and reserved for disabled employees. No doubt other such failures have occured to make required adjustments to working have occured also. Though is is likely connected to failure to carry out a risk assessment and impose recommended changes such an assessment would recommend.

There is probably a lot more, but i have only had the chance to glance over the documents provided and have not read them fully from start to finnish yet.

But from what i have seen, they failed to remedy the breach of duty of care and therefore failed to remedy the breach of contract that arises as a result of their breach of duty of care. That therefore makes the breach, a breach that can not be remedied since they did not uphold the complaints regarding lack of risk assessement in her grievance and failed to uphold them as appeal too - Therefore the grievance procedure is exhausted. As such its a clear case of constructive dismissal (due to thwe clear breach of contract), which is strenghened by the fact the role she was redeployed to being temporaily and them expecting her to APPLY for available positions in the company when they are obliged to offer such positions to her subject to risk assessment and consideration of whether the position is suitable and or required adjustments can be made for such position to be suitable for her. And also theresa clear case of breach of equality act.

[bluebottle]

Re: Confidentiality breach/disability discrimination??

Hi Teaboy,

Just checked the legislation you've listed in your last post. The relevant Acts and Statutory Instruments apply under Scottish Law, with a few exceptions. However, the exceptions do not apply to this case.

If I may make an observation, from what the OP and yourself have posted, it sounds more like discrimination under one or more of the protected elements under the Equality Act 2010. Also, there may be a case to answer against the employer under the harassment provisions of the said Act. It might be a good idea to refer to Appendix I of the EHRC's Employment Code of Practice.

[teaboy2]

Re: Confidentiality breach/disability discrimination??

Hi Teaboy,

Just checked the legislation you've listed in your last post. The relevant Acts and Statutory Instruments apply under Scottish Law, with a few exceptions. However, the exceptions do not apply to this case.

If I may make an observation, from what the OP and yourself have posted, it sounds more like discrimination under one or more of the protected elements under the Equality Act 2010. Also, there may be a case to answer against the employer under the harassment provisions of the said Act.

Thanks Bluebottle

And yes i agree there maywell be a case under the harassment provisions of the act, and theirs certainly evidence of discrimination as their inactions mean they will likely be deemed as discriminating against Stircrazy and her condition. There is also a very significant claim for damages that can be made against her employer not just for breach of data protection, but also for breach of equality act, harassment, discrimination (disability) and emotional distress impacting on her condition and mental health. Hence why i said the sum they offered in the compromise was pathetic, as she could easily get 10x that amount for breach of contract alone, with the rest being awarded as compensation on top. Which is likely to make the final sum of compensation in the region of 10's of thousands if not hundreds of thousands of pounds. Especially when you take into account the millions of pounds of compensation awarded to that doctor #9can think of the case name) earlier this year, for harassment, breach of contract, and breach of equality act (sex discrimination) to name a few.

[bluebottle]

Re: Confidentiality breach/disability discrimination??

Thanks Bluebottle

And yes i agree there maywell be a case under the harassment provisions of the act, and theirs certainly evidence of discrimination as their inactions mean they will likely be deemed as discriminating against Stircrazy and her condition. There is also a very significant claim for damages that can be made against her employer not just for breach of data protection, but also for breach of equality act, harassment, discrimination (disability) and emotional distress impacting on her condition and mental health. Hence why i said the sum they offered in the compromise was pathetic, as she could easily get 10x that amount for breach of contract alone, with the rest being awarded as compensation on top. Which is likely to make the final sum of compensation in the region of 10's of thousands if not hundreds of thousands of pounds. Especially when you take into account the millions of pounds of compensation awarded to that doctor #9can think of the case name) earlier this year, for harassment, breach of contract, and breach of equality act (sex discrimination) to name a few.

Totally agree. The case you're thinking of is the Michalak case and the award was around Ł4.1m. Whatever, the OP's employers are well and truly in the excrement.

[teaboy2]

Re: Confidentiality breach/disability discrimination??

Totally agree. The case you're thinking of is the Michalak case and the award was around Ł4.1m. Whatever, the OP's employers are well and truly in the excrement.

Yep thats the one mate, had it up their in my mind but just couldn't quite think of her name.

Your right, the Op's employers are well and truely ups **** creek without a paddle lol.

If you could see the documents mate you'd have a field day!

[Shadowcat]

Re: Confidentiality breach/disability discrimination??

Hi stircrazy and welcome,

Sorry to hear about this horrible situation. You've already got great advice so I won't add much but just to say the secondment without notification - you could throw Unfair Treatment into the mix if you needed to.

[charitynjw]

Re: Confidentiality breach/disability discrimination??

Re the Michalak case, the award given was for sustained bullying over a number of years, culminating in an unwarranted suspension. after returning to work from maternity leave.
It reflected her status & salary, but more importantly, loss of future earnings & pension, as it was deemed unlikely she would work again.
There was also race & sex discrimination.
She would also have to pay tax* (& NI, I think) on a substantial amount of the compensation, & it was uplifted to reflect this.
She pocketed a bit over half the amount stated in the newspapers.

* http://www.hmrc.gov.uk/manuals/eimanual/EIM12965.htm

[teaboy2]

Re: Confidentiality breach/disability discrimination??

Still the op will like have a significant reward, it also has been going on for a substantial period, and off course no one expects the amount to be millions. But it will be significantly more then the amount offered in the compromise, which was a joke to be honest.

[stircrazy]

Re: Confidentiality breach/disability discrimination??

Wow!!!!

Thank you all so very much (especially Teaboy )

I can confirm I have not signed the compromise agreement.

I add that they did eventually supply me with a risk assessment form to complete whilst absent, which I did not complete (they had all my up-to-date requests after 6+ months requesting this + included within my grievance). I then returned to work 4 months later and have not had one since returning. I have had nothing since returning, no support, meetings etc, lots of stress though lol).

I should also say that they did give me the car parking and flexible working but they were not prepared to redeploy me which I requested under a reasonable adjustment (you will see that in the docs later Teaboy, you have maybe not got there yet). The outcome of the grievance appeal was that they would redeploy me.

Hope that makes sense........

[stircrazy]

Re: Confidentiality breach/disability discrimination??

Hi All,

I have just remembered that one of the points from the outcome of the occupational health doctor was to be given a risk assessment at the first signs of stress.

I have advised them on a few occasions now that I am suffering (Teaboy, you have a copy of the correspondence that alerts them).

I assume this would help my case?

Thanks in advance, you have been so helpful.

[bluebottle]

Re: Confidentiality breach/disability discrimination??

By ignoring the advice of an Occupational Health Professional, your employers have failed to comply with Regulation 3, Management of health & Safety at Work Regulations 1999 and are in breach of Section 2, Health & Safety at Work Act 1974.

In addition to this, it is also possible they are in breach of the Equality Act 2010. If you have not already done so, contact the Equality & Human Rights Commission (EHRC) and ask them how Appendix 1 of their Code of Practice on Employment applies in your case.

I do not feel you have anything to lose by contacting EHRC and it would, in all probably, help your case to speak to them.

Other organisations you could contact for advice are MIND at Mind, For better mental health | Mind and SANE at SANE | Mental health charity | Meeting the challenge of mental illness