Have My Employers Broken the Law??

LegalSec

I work as a Secretary and following a complaint against me by a client for rudeness I have been given a Final Written Warning. I understand my employers have written to the client advising her of this. Have they broken the law, i.e. Data Protection Act?

MissSarah1972

LegalSec wrote: »

I work as a Secretary and following a complaint against me by a client for rudeness I have been given a Final Written Warning. I understand my employers have written to the client advising her of this. Have they broken the law, i.e. Data Protection Act?

Don't quote me but I am sure all they can say is the matter is in hand and can not tell the person who complained that they gave you a warning.

I have complained about a bus driver once (long story) and I got a letter back from the bus company saying the driver had been spoken to etc but they could not tell me the outcome due to data protection.

antonic

From your previous thread here :

https://forums.moneysavingexpert.com/discussion/4255967

I would suggest that you are trying to get yourself sacked by raising this point with your employer.

My suggestion would be to keep your nose clean during the length of your final written warning and NOT make waves.

You still have your job , be happy with that !.

(Personally, I have been disciplined at work following an external complaint and a letter of explaination was sent to the complainant.
What was in that letter I dont know as I didnt ask to see it, as I was happy to keep my job - I suggest you do the same).

dizzyrascal

I know that everyone on here is going to tell you to keep your head down and just take the punishment but I do understand your frustration.
The facts are that you have been punished for swearing at this client which you say you did not do
This rather vindictive client then decided that she wanted you sacked
Your employers seem to have bent over backwards to accommodate her demands and they care more about her money than you
If they sent her a generic letter stating that her complaint has been dealt with then I think that is all she could expect.
If the letter talks about your disciplinary meeting and the outcome and your employment record then I think they will have breached your data protection because this is nothing to do with her.
I suspect that, as they are lawyers, they will have been very careful how the letter was phrased. Have you actually seen the letter or just heard from a third hand party?
I personally think that your days are numbered because of this client to be honest. I suppose it depends on how much money she throws at them but the fact that they have already pandered to her (in some sort of medieval, head on the end of a stick way) does not bode well for you.
She has power and she may use it against you in the future.
I may be wrong, she may turn out to be a very reasonable and balanced person! Sadly I recognise the sort of features you describe and have met people like this in my own life.
What I would say is try to hang on and start looking for another job as soon as the FWW disappears off your record. I would be keeping notes and documenting stuff though if I were you. Just in case, you never know what is round the corner and they might go too far in their desperation to keep this client

Just to add
I once worked in a support role and took a phone call from a "valued" client. My boss thought she was amazing and could do no wrong. Anyway, he wasn't in that day so I spoke to her, usual stuff, will ring you back tomorrow etc. Completed the conversation.
Unfortunately she didn't switch her mobile phone off at her end and I then listened to 5 minutes of her ranting about me, my boss and other staff, calling us every name under the sun and using every shocking expletive known to man.
I never told my boss because he wouldn't have believed me (I did tell the other support staff though) but it can sometimes be better to know what your up against, that way you can adapt how you handle people. I still run into this woman (occasionally) to this day and she is still all sweetness and light to my face.

Uncertain

dizzyrascal wrote: »

Your employers seem to have bent over backwards to accommodate her demands and they care more about her money than you

Actually, I'm not sure they have. If you remember the previous thread the OP admitted being "a bit short" with the client but denied telling her to "F*&^ Off". The OP also has a disciplinary history due to arguments with one of the solicitors.

Telling any client to "F*&^ Off" would warrant dismissal in any professional practice so the firm clearly believe this did not happen. Remember, they only need a reasonable belief to dismiss fairly in law, not proof.

If they sent her a generic letter stating that her complaint has been dealt with then I think that is all she could expect.
If the letter talks about your disciplinary meeting and the outcome and your employment record then I think they will have breached your data protection because this is nothing to do with her.

Actually, I expect the client was pretty disappointed with that letter, certainly if she believes she was actually sworn at.

I agree, although it is not my area, it may breach the Data Protection Act. The problem is what can the OP do about it? Obviously she could complain to the Information Commissioner and it might get the firm a very minor slap on the wrist. However, given the environment in which she works I suspect that would be the final nail in her coffin.

dizzyrascal

Actually, I'm not sure they have. If you remember the previous thread the OP admitted being "a bit short" with the client but denied telling her to "F*&^ Off". The OP also has a disciplinary history due to arguments with one of the solicitors.

Maybe I'm wrong but I got the impression that the OP was rather pushed by the client and wouldn't accept that the person who could answer the question was not available.
The trainee situation was different but I can see that it does give a less than perfect picture.
I think that in most companies this would not be a disciplinary but a quite word (especially with long service).
I just think that it is a shame that the OP has got a FWW because one person has a rather inflated opinion of themselves. Now they can add power to that list.
I would be mortified if someone suffered this fate as a result of something I said or did. I won't tolerate bad customer service and I would complain if I thought someone had been very rude but I would not expect them to be sanctioned or loose their job.
Unless they worked for a PPI management company that is!!

Mistral001

OP look at it this way, if this client had just made a complaint without the demands for your sacking, it is quite likely that you would have been sacked. No firm can give in to demands that a member of staff be sacked no matter how powerful a client is. The client did not get her way remember.


Edit: However, there is a matter that the employer has to face here. A member of staff who can be rude to clients. They cannot be seen to sack the OP over this matter for reason given above, but on any slight incident in the future? I would try to forget about annoying priggish client and try to reassure the employer that such an incident will not happen again no matter how much provocation is given. Remember clients coming to see solicitors might be in a state of despair or anger with someone who has aggrieved them or someone who has accused them of something etc. or just have more money than manners. The employer, no doubt, wants staff that can deal with people like that in a calm professional manner 100% of the time.

Uncertain

Mistral001 wrote: »

OP look at it this way, if this client had just made a complaint without the demands for your sacking, it is quite likely that you would have been sacked. No firm can give in to demands that a member of staff be sacked no matter how powerful a client is. The client did not get her way remember.

In an ideal world maybe but sadly I expect it happens quite often.

I actually think the firm has been quite principled here and handled this correctly.

The average tribunal award for unfair dismissal is only around £7K. Had the OP been sacked (and even IF they managed to win an unfair dismissal claim) any award would be reduced as the OP was at least partly in the wrong. Had the firm wanted to they could have shown the OP the door at little or no cost.

If this were one of the firm's best clients making this demand I hope the same principles would have applied.....

dizzyrascal

On the plus side, Employers can be fined for not protecting your data and according the the ICO website

Workers can claim compensation if they suffer as a result of a breach of the Data Protection Act, so it is in your interests to make sure records are well managed and used responsibly.

If the OP did end up getting sacked and if her data has been shared with this woman then she could cause a lot of trouble for the company. The ICO can perform audits, prosecute and fine
Take a look at this lot here
And they do this in full view of the public!!
Just a thought.

Wail

If you are leaving, a complaint to the ICO would be a good final boot to put in but without a copy of the letter or proof that she has been told, this is going to be difficult.

The other reason for not telling you as a complainant is that unions will really kick off about it.

marybelle01

I am not sure that it is at all as clear cut as being made out. For a start off, the ICO rarely fine employers for a breach of their guidelines in the first instance - they prefer to work with employers or agencies to ensure it doesn't happen again. Assuming it happened in the first place. Secondly, if the OP has any evidence of the letter and what it specifically says, how was that obtained? I hardly think the employer sent her a copy. She is already on a final warning, so the manner in which she came to know this may be questionable, and sufficient to tip the scales. Finally, I assume that unless she is considering a radical career change, this new employment she is seeking/ is recommended she seek is also with lawyers? A notoriously close bunch of people if I understand correctly - and with two years to employment protection in this new job she hasn't yet got, she may prefer not to be in the attnetion of anyone, at any time, for anything.

OP, do yourself a favour. Whatever happened and whether it was fair or not, give it up, stick your head down and move on without coming to the attention of your employers for anything other than your sweet demeanour and great work ethic - now or in the future. You are a small cog in a very powerful machine and they can bury you. Trying to "get them back" will lead to a world of pain for you.