Legal advice on breach of DPA and fraud by employer

badskindollheart

Not sure if this is the right forum

Southend1

badskindollheart wrote: »

Not sure if this is the right forum, but after some advice. I was off recently with work related stress, which has now been accepted as a work injury by the business.

I'm back at work but on a temporary transfer. No one can tell me what is going to happen or if I have to go back to my old job; which I just couldn't face.

Initially my problems at work stemmed from my part time status; my agreed working pattern was being 'reassessed' by a new manager but he couldn't give a genuine business reason as to why this was needed. Other events happened; ignoring me, brushing off concerns, failing to respond to my request for a genuine business reason and then culminated in a very confrontational phone call to me.

Recently I made a subject access request and found he had disputed My work injury application and made reference to me having post Natal depression 7 years ago, as if this was linked to me being off now. I'm really offended by this and feel I've been discriminated against. I believe this doesn't meet terms of data protection act eg data that was not relevant and excessive was processed, to engineer a perception of me as somehow mentally unstable. He had to root through 7 years of my personnel file to find this reference to post natal depression.

Additionally there are lies, that I can prove are untrue, in the statement he submitted and most worryingly he completed an application to change my hours, in my name, without my knowledge.

At first I just wanted to be able to return to work, but I'm so angry now that I want to sue them. Does anyone know on what basis I could take legal action; discrimination, breach of data protection act, fraud?? Sorry this is do long - this is only about 5% of what's happened!

Legal action may not be the best option for you.

I understand how strongly you feel about this but think about what you actually want to achieve here and what would be the best way to make it happen.

If you are a union member you should discuss with your rep how to proceed.

Don't forget there are time limits for bringing employment tribunal claims. You should read up on this and see how it may affect you.

Tiddlywinks

Look at the ICO's website... there is a wealth of information... The ICO is the Regulator for data protection issues.

http://www.ico.org.uk/

http://www.ico.org.uk/for_organisations/data_protection/the_guide/the_principles

They also have a helpline.

badskindollheart

Thanks both.

ILW

So what is you actual complaint? Millions of people work on "flexible" contarct but don't go off sick because of it.

ILW

Threatened you with what?

Tiddlywinks

OK - sticking to the DPA issue, have a look at the eight data principles (link in my previous post) and write to the ICO giving examples of breaches and asking him to investigate.

Even Govt depts. have to comply with DPA.

As to fraud, can you be more specific? If there was anything provable, why hasn't your union been able to address this within the last 9 months?

You need to be clearer in your mind what you actually want to gain from this.

Apology, pay off, new role in same organisation or what?

marybelle01

It's a pretty huge mistake to allow anger to rule logic at work (or anywhere else). This may be only 5% of what has happened. It may be that you have evidence. It may be that you are offended and angry. It is also pretty weak in what you say here to be honest, and no way will a court entertain any kind of claim when you haven't even submitted a grievance yet! Legal action, even at tribunals now, is costly and your ticket to not risking your own money is to stick with your union, follow their advice, and try to find a non-legal route to solve this first. Then if that is not possible they will assess the strength of any legal claim and pay for it if there is a case to argue. Go off your own way, starting suing people now, and not only will you be committing suicide in legal terms, but your union will immediately dump you (you can't have two representatives - it's either them or someone else, not both) and you will be taking the risk all on yourself.

harrys_dad

Take the advice of the union, and also the good advice offered above about "what do you want to achieve". Surely the most important thing now is to look after your health and get back into work. You are currently on a "temporary transfer" and I am sure your union will support you going forward.

I would be wary of looking for "revenge or retribution" against the manager you perceive as being responsible. In ym view this would not help your primary aim.

Southend1

badskindollheart wrote: »

Thanks for your replies, I understand and appreciate what you are saying. I am not normally a person who would let anger rule my head, but I have finally snapped. To me this is less retribution and more justice, but I know you, as outsiders, can see this more objectively than me.

Thanks x

From what you've said here (ok there is probably much much more to it, but anyway) it sounds like you wouldn't stand much chance getting justice through the legal system.

Your union rep should offer you an honest appraisal of your case and will advise whether the union would support legal action.

makeyourdaddyproud

badskindollheart wrote: »

Thanks for your replies, I understand and appreciate what you are saying. I am not normally a person who would let anger rule my head, but I have finally snapped. To me this is less retribution and more justice, but I know you, as outsiders, can see this more objectively than me.

Thanks x

Maybe this is where you put your "David from Corrie" hat on?

Get my drift?