Employment Tribunal Advice

xfaeriedustx

Hello all,


I hope I've posted this in the right place, and I apologise in advance for this lengthy post. Any advice would be greatly appreciated.


On the 14th October I received a call at work from a lady regarding an employment tribunal. During the beginning of this call, I was under the impression that she was calling from the HR department where I work and I answered her questions. Later on during the call, I discovered that she was in fact a candidate who had applied for a position we had both interviewed for in 2011 and not a HR employee.


Eventually it came to light that she would be attending an employment tribunal against my employer for disability discrimination against her during said interview and she was also not happy with the outcome - she was not offered the position, and neither was I. I got the impression that she was more intent on taking my employer to a tribunal for unfairness and favouritism, rather than disability discrimination.


During our telephone call, she told me that she had a copy of my application form for the position we both interviewed for, which was why I had thought she was a HR employee. She then told me that she knew I had applied for the same post previously, and hadn't been shortlisted for the position - she then asked me if I had used exactly the same application form both times, to which I told her that I thought I had. At this point, she asked me if I'd be willing to 'go off the record' with this information as she thought I should have been shortlisted the first time around as well as the second time around (for which I was shortlisted and interviewed).


She told me that I should have been offered the job (again, this made me think she was from HR!) and also that she'd been looking at my LinkedIn profile and asked me questions about why I had decided to do a second degree, and not a masters, which I thought was rather personal! She also suggested that the department in question may make it 'difficult' for me to progress in my career if my name was mentioned during her employment tribunal, which is why she wanted me to go 'off the record.'

I should probably also point out that at the at the time she called me, I had started a new position only a month ago, so this information wouldn't have been on my application form from 2011. I can only think that she obtained my new work number by calling switchboard and asking for me by name.


At the time it didn't occur to me to ask her how she, as a candidate and not a colleague, had obtained my personal information and exactly what information she held about me. After thinking about her telephone call and discussing it with my partner, I emailed my HR department the day after to tell them that I was concerned that she had my personal information and I didn't want to be involved in this employment tribunal. This is their response:


Hi XXXX

I have been informed a "subject access" request was made through our Information Governance department. We would not disclose this information willingly. In an employment tribunal, which is a legal process, information may be disclosed if requested.

The recruitment manager is XXXX. However, I do understand she has been directly involved. I understand the person dealing with this is our Deputy HR Director, XXXX. He is available through e-mail at XXXX. I have been forwarding him your e-mails so he may be in contact with you.

Best wishes
XXXX


I also emailed the lady to tell her that I didn't want to 'go off the record' with any information whatsoever, or be involved in her employment tribunal. Here is her reply - for obvious reasons, I've omitted various names of people and employers:


Dear XXXX

As I said yesterday, no one will ask you to come and give an account against your employer!! I could not do that to any one. Having said that, your applications - both the one made in January and February 2012 - were exchanged, as part of a large bundle of notes, by XXXX in March 2013, and can be discussed, without detriment to you (as your employers volunteered the information in the bundle!!)

It was significant that you said that you applied for the same position of XXXX 4 times, using exactly the same application: once when the vacancy was restricted to internal applicants at XXXX in Sep/Oct 2011, then again in November 2011 and January 2012, yet the same application was suddenly of a calibre sufficient to allow you to be shortlisted for interview in March 2012. I told you that your application was simply disregarded, without any consideration by one of the interviewing panel, XXXX (now at XXXX) on 07 February 2012, as there are no contemporaneous notes available (this can also be seen for other candidates, and only 43 out of 58 applications were reviewed). Yours was a strong application and you made the essentials on the job description and personal specification, yet your were not shortlisted. Other candidates who were shortlisted did not necessarily have a degree or in the case of XXXX any XXXX experience, whatsoever.

XXXX, had been in the XXXX as an agency basic administrator (booking things) for XXXX (who have a sole contract with XXXX to supply admin staff), for c. 2 weeks when she was shortlisted, and then got the job. A second XXXX administrator, XXXX, (again no degree or university education or XXXX experience) was appointed to a XXXX role within the XXXX in September 2012 (and she claims to have been involved in collating applications when we both applied).

There are serious problems with favouritism in the XXXX and with XXXX arrogance when it comes to complying with a fair recruitment process. Fortunately, she lies very badly, and it is for me and my legal team to show that without any detriment to those whose data has been released by XXXX.

I hope this puts you at ease, a little (at least you know exactly what you are dealing with internally). Thanks for speaking to me yesterday, by the way.

With all good wishes
XXXX

I have also been in contact with my employers Information Governance department, and i finally received a telephone call yesterday to tell me that this lady had made a Freedom of Information request. According to the IG department, my personal details weren't given to her and they suspect that she found my details elsewhere - perhaps through LinkedIn - and was 'fishing for information' when she called me. They said it wasn't ideal that she had done this, but there wasn't much they could do about it. Again, I was told to contact the Deputy HR Director.

So, now I'm not sure what to do. I don't want to be involved in this, and I certainly don't want the department involved to believe that I have a problem with them - I don't!

I would be most grateful for any advice from those who know more about these situations than I do.

notanewuser

Initial thoughts -

Info couldn't have been obtained via FOI - it's Data Protection.

Your applications should have had all identifying information redacted (blacked out) so that you could not have been identified.

If they were included in the bundle because the legal team requested them, the legal team should be querying any information with the respondent acting for your employer. The woman should not be making direct contact with you under any circumstances (indeed, nobody should know who you are!).

I'd be making a strong complaint to my employers about this breach of data protection and not letting the rest bother me. Have a word with your manager to ensure they don't think you're playing any part in this and make sure you know who you're speaking to when you answer the phone next time!!!

ILW

Unless it is public sector, favouritism is a perfectly legal method of selection.

Edit - This woman appears to be a bit of a loony and I cannot see any legal professional agreeing with the commincation she has sent you.

Tell her you do not wish to recieve any more correspondence from her.

jacques_chirac

Is this a public sector organisation?

I would agree about this being a fishing expedition, and from the tone of the conversation I doubt the lady has any 'legal team' behind her.

I'm not convinced there has been a data protection breach, but rather that certain anonymised information has been given and she has filled in the gaps - pretty easy to do in the digital age. However there would be no harm in asking for copies of the information, to see exactly what was given.

xfaeriedustx

Thank you for your responses.

Yes, it is a public sector organisation.