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Author Topic: Invasion of Privacy  (Read 1843 times)

Smeebob

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Invasion of Privacy
« on: 16-04-20, 04:15PM »
I’m writing this here because I feel like I have nowhere else to turn. From January this year until February I have been out of work due to depression and anxiety. In the past week it has been brought to my attention that one of our front end team leaders has been saying to other members of staff that she has taken pictures of my sick certs and can show them the reason I have been out of work and had to be moved sections.
I am livid and upset that a person in her position has invaded my privacy in this way. I have told management but they said there is nothing that they can do without seeing the pictures. I just don’t feel comfortable working around her. What she has done is a blatant breach of the GDPR. She should not be a team leader.
My thoughts are: wether or not she took pictures of my sick certs, she claimed to members off staff that she had them. Surely she can not be trusted to remain a team leader, who knows who else’s information she has accessed.
Is there anything I can do about this? Any help is much appreciated!

Nomad

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Re: Invasion of Privacy
« Reply #1 on: 16-04-20, 04:22PM »
Proof, if those other members of staff back-up your claim of impropriety, then start a grievance.
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NightAndDay

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Re: Invasion of Privacy
« Reply #2 on: 16-04-20, 04:25PM »
What she has done is illegal, HR has a legal duty to investigate and approropriately resolve illegal conduct carried out by employees. First, you need to lay the ground work, get evidence that she has takena photograph of confidential sensitive personal data and that she has shown it to other employees. Next write a grievance using as much legal language as you can to the Personnel manager about the breach of trust and GDPR carried out by the team leader, depending on the outcome of what the Personnel manager does in the investigation (where your evidence comes into play (always have duplicates) they'll either act appropriately and demote/fire her or they'll mishandle the situation, in the event of the latter, contact ACAS about the mishandling and the roadmap to legal recourse through an Employment Tribunal.
« Last Edit: 16-04-20, 04:27PM by NightAndDay »

lucgeo

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Re: Invasion of Privacy
« Reply #3 on: 16-04-20, 05:42PM »
When you say brought to your attention...by whom and why? Is this person(s) willing to confirm this ?
How reliable is this person(s) in being genuine, are they known for spreading lies, gossips or for making things up, causing trouble...etc.

If you can trust this person, ask them for the names of colleagues that have been told by the team leader that she has photos of your sickness certificates on her phone. Then go ask them yourself, ( with a witness),  if they state they have been told it, then you grievance and provide their names.
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Redshoes

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Re: Invasion of Privacy
« Reply #4 on: 17-04-20, 02:52AM »
Fit notes should not be left lying around. A team support does not need to see them live r know the reason for an absence. Fit notes should go in your personal file as soon as they are handed in but the dates and some details recorded on the absence tracker. The team supportable have absence to this for planning.
Nobody is sacked on gossip alone. This should be investigated but without bias. If your details are being talked about this does need to be stopped and could result in a dismissal but the person involved should only be disciplined on what they have actually done and not through gossip surrounding the whole thing.  We are not a court of law and we don't need to prove, we only need to be in the bounds of probability.
It is serious but on both sides. It's your personal details against someone's job. You both need to be protected, we can't go round sacking people without investigation and some form of proof but it does not have to be the actual pictures on the phone.
« Last Edit: 17-04-20, 11:01AM by Nomad »

lucgeo

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Re: Invasion of Privacy
« Reply #5 on: 17-04-20, 08:39AM »
Are sick calls still recorded in the sick book for handover meetings? I ask, as often when a colleague was absent from a department, it was not unknown for the other colleagues to go check the sick book to see if the colleague had rung in?
It was always left on a sill in communal area, and very often recorded the full details of the sick call!
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Spidercatcher

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Re: Invasion of Privacy
« Reply #6 on: 17-04-20, 09:45AM »
Medical issues should be private, ie, between you and your doctor.  in my opinion, a sick note (or whatever it's called now - fit note?) should only state that your doctor has certified you sick and unable to work, reason; private, unless you yourself wish to state otherwise.  It horrifies me to think that every Tom, Dick and Harry manager and team leader has access to anyone's private business.  And as for confidentiality ... as Jim Royle would say, confidentiality my arse!

NightAndDay

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Re: Invasion of Privacy
« Reply #7 on: 17-04-20, 10:15AM »
If you store has the hub, surely this should flag up as an activity of gross misconduct, if for some reason it isn't then surely there would be obtainable cctv footage of the TL rummaging around and taking a photo of the contents of your personel file?

lucgeo

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Re: Invasion of Privacy
« Reply #8 on: 17-04-20, 11:50AM »
It could have been photographed anywhere, not just personal file. When people are off sick and send in a note, it is usually done two ways...posted in, whereby the mail goes to the front of store, if it's not addressed to anyone personally, then it can be opened by any colleague dealing with incoming mail.
It can also be brought in by another person, in which case it is again either handed to the front desk, or manager on shopfloor, however in the case of checkouts, a nominated person would just hand it to whoever is running the line, usually a TL.
Only rarely, does the sick colleague present the note themselves instore, whereby they would take it to the confidential office...HA! That will be the day anything in that office is kept confidential! TL's of every dept have unrestricted access, managers, wage clerk, community champion, colleagues on options,  CA's invited in by managers for discussions or training online etc..etc...notes are pinned on walls, including fit notes for wage clerk to code...manager discussions for all to hear!
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NightAndDay

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Re: Invasion of Privacy
« Reply #9 on: 17-04-20, 11:59AM »
The fact that it's photographed is enough for the accountable person to fall on the sword, from a legal perspective, even if isn't clear who the culprit is, the judge will question what process there is, if any for ensuring confidentiality, as this scenario is a textbook definition of breach of trust. Poor process equates to poor corporate governance, either it is known or the process isn't robust enough or non-existent.
« Last Edit: 17-04-20, 12:00PM by NightAndDay »


 

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