Current employer sharing personal data with prospective employer - what to do?

[Deleted User]

I'm posting this on behalf of my girlfriend, in the hope others can offer their comments.

My OH suffers from a long-term chronic illness which she contracted through no fault of her own (contaminated blood transfusion in the 1980s), but which has particularly negative connotations. It's not life-threatening, fortunately, but last year she undertook a particularly rigourous 48-weeks of treatment which - sadly - was unsuccessful.

The treatment was quite severe and as a result she had to go down to working from home one day a week (she wasn't marked as being 'off sick' in any way) and working four days in the office.

This is a really difficult issue for my OH to talk about and very people know she suffers from it - even my family know nothing about this and even some members of her own family. It's such a sensitive topic and is a real emotional weight on her shoulders.

Recently, she applied for a new job and as part of this her current employer was asked for a reference. They get on, but they're not particularly friendly. I think her employer views her as a bit of a hassle, to be honest, because my OH is very diligent in her job and calls others to account when they do a sub-standard job (the organisation is about to fold, incidentally).

To cut a long story short, her boss provided a reference for her but in that reference specifically stated that my OH "suffers from a blood infection and that in the last year she managed to uphold the majority of her commitments". She wasn't asked to state this, but voluntary shared details of my OH's condition with her interviewer.

We were both mortified to read this - we only found out when we obtained a copy of the reference - but surely her employer is not allowed to disclose a private medical condition to a prospective employer? More importantly, the new employer didn't ask for this information: it was just a reference about her abilities and aptitude.

Perhaps quite understandably, she is really upset as now her potential new employer knows all about a private medical matter. She is attending an interview today, but we both are worried that this might influence the employer into not offering her the job - and worst still, we'll never actually know if this influenced them or not. It makes it sound like she may need further time off for further treatment.

What should she do? She intends to contact her union, but she hasn't suffered a tangible 'loss', so to speak. It's more that this is personal information that her employer has shared with others despite not being asked for it, which could prejudice her chances of getting the job.

Weirdlittleman

So what you mean is that your OH didnt tell the new employer of a relevent medical condition that would impact on her ability to do the job and is upset that this deceit has been discovered. Why didnt she just tell them? The new employer has a right to know and a duty to your OH.

As for recourse well medical data is covered under the DPA however with a reference I think unless any of it was not factual you will struggle to get anywhere as I would argue that data gathered in the course of an employment is relevant for use with references etc.

Caffca

Hmm! Disagree here, as I understand it, special rules apply to “sensitive personal data” which cannot be disclosed without the consent of the employee. In the context of references, sickness records are likely to be classed as sensitive data.

I would suggest you speak to ACAS for more advice on this

woody01

Caffca wrote: »

Hmm! Disagree here, as I understand it, special rules apply to “sensitive personal data” which cannot be disclosed without the consent of the employee. In the context of references, sickness records are likely to be classed as sensitive data.

I would suggest you speak to ACAS for more advice on this

Disagree with what?
No sensitive data has been given, and sickness records, as it stands currently, can be shared. She may well have to had to have a medical before commencement anyway which would bring this to light.

MrsManda

The employer had no right to give those details to anyone. Reference forms often ask for number of sick days but not why those were taken as that is irrelevant.
Whether a person chooses to inform their prospective employer of an illness is their own decision and there is no requirement for them to do.

GEEGEE8

No sensitive data has been given?! YES it has.. they have told them of her blood condition.

[Deleted User]

Weirdlittleman wrote: »

So what you mean is that your OH didnt tell the new employer of a relevent medical condition that would impact on her ability to do the job and is upset that this deceit has been discovered. Why didnt she just tell them? The new employer has a right to know and a duty to your OH.

As for recourse well medical data is covered under the DPA however with a reference I think unless any of it was not factual you will struggle to get anywhere as I would argue that data gathered in the course of an employment is relevant for use with references etc.

Excuse me? Could you possibly be a bit more sensitive?

Her condition has no impact or bearing on her work. It is not relevant to her job. She chose to undergo treatment last year of her own accord and with the full support of her employers. It doesn't impact her role in any way, shape or form. She won't be undergoing treatment again for many years until new drugs become available, so looking 5+ years at the earliest. She won't need time off. She won't need special assistance.

The point is: no-one would ever have known that she has this condition. But now they do, and it carries a real stigma.

She was never asked to disclose it, not is it relevant.

[Deleted User]

Caffca wrote: »

Hmm! Disagree here, as I understand it, special rules apply to “sensitive personal data” which cannot be disclosed without the consent of the employee. In the context of references, sickness records are likely to be classed as sensitive data.

I would suggest you speak to ACAS for more advice on this

Look, I didn't come on here to argue over the legalities. Health and sickness records are covered under the Data Protection Act with a special provision for 'personal' (not 'sensitive') data and case law is quite clear that the employer has broken the DPA by sharing medical records:

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/coi_html/english/employment_practices_code/part_2-employment_records_1.html

The issue is, what can and should she do?

[Deleted User]

MrsManda wrote: »

The employer had no right to give those details to anyone. Reference forms often ask for number of sick days but not why those were taken as that is irrelevant.
Whether a person chooses to inform their prospective employer of an illness is their own decision and there is no requirement for them to do.

The point is that this form DID NOT ask the employer for details. It just asked the number of days sick taken last year (4). That is all. No reasons were requested.

Instead, her boss volunteered the reason, which was private and confidential.

clairec79

I think had the boss said something along the lines of 'even with sickness she was able to uphold.....' they would have been ok, but by giving details they crossed the line

lucylucky

I suppose the question is what would you like to do and what would you like to happen?

If you make some sort of formal complaint the condition may become more widely publicised (or not) and this would have a devastating effect on your partner, I assume.

Does the employer have an HR department of any sort which could be informed and the boss have his knuckles rapped?