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Author Topic: Invasion of Privacy  (Read 3476 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 »


Cinderella

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Re: Invasion of Privacy
« Reply #11 on: 30-05-20, 07:08PM »
Would be very interested to hear what happens, if you can keep us updated on this. I am having a similar issue. I don’t do a certain part of the role, due to a medical issue, and have been questioned about it daily recently. I asked one manager who was questioning me whether I really have to explain my personal health issue to a different person every day, and can’t it stay between me and my line manager? So now I’ve been issued a “Let’s Talk” and told I’m probably not going to be able to keep my role. I’ve been in tears all day. Seems everyone wants to know everyone’s else’s private business at Tesco, and you’re not allowed any basic privacy

Cinderella

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Re: Invasion of Privacy
« Reply #12 on: 30-05-20, 07:09PM »
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!

In my store, whoever receives it photographs it and puts it in the TL Whatsapp group, which I disagree with. Everyone doesn’t need to see it.

genome

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Re: Invasion of Privacy
« Reply #13 on: 31-05-20, 02:10AM »
i'd go absolutely apes**t at that
 

Redshoes

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Re: Invasion of Privacy
« Reply #14 on: 31-05-20, 09:10AM »
When handing in a fit note you can put in an envelope and put a name on the front, should you want to. Nobody should then open that envelope but the person named.
As for a photo being taken, that is total breach of confidentiality. The reason someone is off should not be shared. All Team Support need to know is if they are off sick or domestic and the date they are back. They may need to know in what way they are to be removed from the tablet, for example domestic using holiday or sick. Then the only other thing they need to know is if there are adjustments when they come back.
There is no actual need for a team support to even see a fit note. That is a culture in the store that needs to change. There are people who talk to anyone who will listen about everything and anything. There are others who are totally private. The rules allow for and support the private. The only way the open conversations about why someone has been off should come from the person themselves. Anything less is unacceptable.

lucgeo

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Re: Invasion of Privacy
« Reply #15 on: 31-05-20, 10:05AM »
Would be very interested to hear what happens, if you can keep us updated on this. I am having a similar issue. I don’t do a certain part of the role, due to a medical issue, and have been questioned about it daily recently. I asked one manager who was questioning me whether I really have to explain my personal health issue to a different person every day, and can’t it stay between me and my line manager? So now I’ve been issued a “Let’s Talk” and told I’m probably not going to be able to keep my role. I’ve been in tears all day. Seems everyone wants to know everyone’s else’s private business at Tesco, and you’re not allowed any basic privacy

I'm taking it your line manager is aware of the exception to you doing a certain task, and has agreed to it?  You do not have to explain your medical condition to anyone! Simply reply that your manager is aware of your condition, and you are unwilling to discuss your private medical details with anyone, had you wanted them to be common knowledge, you would hold your doctors consultations in the waiting room!!

With regard the photographs of fit notes being taken...this is in breach of data protection...as is putting it on watsapp and I would think also in breach of Tesco's own Social Media policies  :-X

The part of the role you are excluded from due to medical issue...has this been agreed by present/previous management or HR? Do you have it in writing anywhere?
How long has it been accepted practice?
Do you have a doctors letter stating exclusion, on medical grounds, to this exclusion?
Do you have any written notes from your "let's talk"?
Who told you you're at risk of losing your role, and did they state its directly because of your medical condition?

I would suggest you arrange a doctors consultation, requesting a medical letter stating this certain task in the role could prove detrimental to your ongoing health and wellbeing? Then ask for another " let's talk" with the same person and ask for your rep/ trusted colleague to be in attendance. Specifically ask the reason why you role and job security has been threatened with withdrawal? GET IT ALL IN WRITING!
« Last Edit: 31-05-20, 10:08AM by lucgeo »
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Cinderella

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Re: Invasion of Privacy
« Reply #16 on: 01-06-20, 09:18AM »
Moderator Comment Please do not quote immediately prior post(s).

Well, in all honesty it’s more wearing a specific piece of equipment, than carrying out a certain role. I have to be careful how much detail I give, due to the public nature of the forum, and how specific the situation is to a certain condition, and would identify me and could hurt my case.

Wearing it does not play a major part in the role. I’ve worked for the company five years, one year in my current role (promotion), and in all that time it has not had to be worn. Once, about two years ago, they trialled it and issued Let’s Talk paperwork for everyone, that outlined what it was used for, and staff had to sign to say they agreed to wear it and use it properly, and would look after it. I didn’t sign, and said that I had a particular problem that would make using the equipment very difficult for me. So I was issued a different Let’s Talk to the standard one being issued to others - this one excluded me from having to use it.

That was about two years ago, and the store stopped using it completely a few weeks later, as it didn’t really bring about any huge benefits or improvements.

Suddenly, they have decided to start using it again. I explained to my line manager that I was unable to use it, and that it is a known issue. Nothing was said initially, then I found I was being approached by managers of other departments daily, on the shop floor! Being asked why I didn’t use it. They insisted on being told my private medical issue. This has been going on for a couple of weeks. One manager in particular, who is not on my department, keeps telling my colleagues to demote me for the day, every day he is in, because of me not using it.

My line manager then approached me, weeks after this all started and asked why I’m not using it and what the problem is. I replied (in confusion) that we’ve already discussed this, and I’m feeling humiliated having to discuss this every single day, and with multiple people. Next thing I know, the line manager is issuing me a Let’s Talk, saying that I have to go for testing because this is an important piece of equipment. I questioned how I’ve successfully being doing the role all this time, if it is so important? And I stated that it’s discrimination to exclude people with a certain medical issue from a role, over something that doesn’t actually impact the running of the department. They told me it’s not. I refused to sign the paper, and was told I’m causing trouble for myself, and made to sign it. I asked what would happen when I can get doctor’s evidence, and I was told I would be asked to step down from my role, because they want to implement the use of this piece of equipment. Clear discrimination.

I’m constantly on edge, as I know every single day I am going to be questioned over my private condition, that I like to keep private. I have friends and family who don’t even know I have this condition. It’s not the kind of thing I like to draw attention to!
« Last Edit: 01-06-20, 10:53AM by Nomad »

 

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