Breach of DPA, information found

simon2018

Hello

My line manager is a bully and I reported her, this was investigated and the outcome was nothing proven as it was "her word against mine."

On Wednesday I had to use another colleagues desk as my computer was broken, this was not my line managers desk. As I moved small bag with several zip compartments, out dropped som copies of handwritten papers. Ordinarily, I would have put them back in the bag and moved on. However, it was my name that caught my eyes. I had a quick read and these notes from the meetings with HR andthe back sheet where the line manager had signed read, "this is to remain confidential," and then the line managers signature.

From memory, I had seen this bag on the table for a few days prior to this and it belongs to the line manager who has a separate office off our office but uses our desks at times.

The manager is a bully and picks on me unfairly, makes my life miserable and falsely accuses me. I am looking for another job becuse of her, love my job but she has it in for me for reporting her last year for bullying but its hard to prove as everyone is too scared to back me up in case they lose their job. I'm not in a union.

long story short, how can I use this evidence against her as she keeps on banging on about DPA on a hypocritical and unfiar basis. I am also worried re the lies in the report about me and fear who else has seen this, ie seen the report that is not supposed to have seen it like me as this will give them a negative picture of me based on my line managers lies.

Many thanks

PS: I will phone ACAS on Monday

shortcrust

I'd strongly recommend you don't say anything about these notes. If you came to me with this story I'd seriously consider sacking you. I know that sounds blunt, but 'finding' notes that fell out of a bag and reading them is a big deal.

simon2018

Thank you Shortcrust.
The bag has been on another employes table for days, multiple zipped, not in the line managers office, in the process of moving the bag to another desk, papers fell out, I would have put back in if my name had not caught my eye. I feel that others may have read these confidential notes and as they are lies and supposed to be confidential, the manager should have at least zipped the bag and kept it in her office. IMO, a clear breach of DPA, trust.

IMO, the line manager is negilent and I only quickly read the two sheets with my name on it.

Btw, the next day I casually said who does this bag belong to and later in the day it was gone, I guess the manager took it. If someone else had read these, it undermines me and gross breach of trust and DPA

But, thank you and I would like opinions from others and legal stance if possible.

hcb42

I think it depends how hard a battle you want proving something. I realise this might not be fair... but trust has already broken down and sometimes it is better to remove yourself from the situation for your sanity than pick the battle - even with union representation

TELLIT01

I'm not disputing your version of how you came across the notes but it's almost certain that others will, particularly as you have problems with the manager. Once again it will only be your word that they fell out and that you didn't know who owned the bag. The opposing view will be that you knew who owned the bag and went searching for evidence.
I'm not in a position to give you a legal stance, for that you will need to contact either your union or a solicitor. As you are looking to leave I would not try to take this any further. Proving anything will be damn nigh impossible, assuming you didn't take a copy of the papers before replacing them.

Les79

simon2018 wrote: »

Btw, the next day I casually said who does this bag belong to and later in the day it was gone, I guess the manager took it. If someone else had read these, it undermines me and gross breach of trust and DPA

Well, I have a question...

Do you have proof that the bag was ever left there in the first place? Or that it constituted a DPA breach? If you don't have any concrete proof, due to it being gone now, then it is another "your word against theirs" situation.

I think your time for saying something was when the bag was clearly visible for others to see. A formal documented discussion with HR etc about it. Not "casually" saying "who does this bag belong to".

Also, technically you'd probably need to contact the ICO to report any such breaches and they'd generally look more into the whole company and the culture/practices. Being a third party though they'd probably be a bit on the fence as they have no proof that this bag ever existed if you catch my drift (plus, you've got a history. It isn't like you are reporting a manager you LIKE is it?). Though in fairness contacting the ICO and/or following internal processes would help your company understand what is going on and how they can better comply with DPA. You'd have to be a sort of potential martyr to do that, but each to their own.

BUT I sort of get the impression that your main goal is to cause as much damage as possible, looking at anything and everything to take down this manager. I would recommend that you consider what your end goal is in regards to that; do you intend to continue being employed? Seeking new job? Building a few bridges between you and manager to make it slightly more tolerable? Get the manager sacked?

Whatever option you choose you need to get things in order! You seem to be doing it all a bit half-hearted. If you want to stitch up your manager then you need to collect a bank of demonstrable/documented evidence and present it to your employer. If you want a new job then wipe this rubbish from your mind and focus all of your energy on finding a new job. If you want to build bridges a bit then be a bit nicer and stop trying to stitch her up. Bully or not, she puts her knickers on every morning when getting ready for work just like every other woman out there.

This all just seems like a prelude to universal credit and 6 months off work due to stress.

Detroit

shortcrust wrote: »

I'd strongly recommend you don't say anything about these notes. If you came to me with this story I'd seriously consider sacking you. I know that sounds blunt, but 'finding' notes that fell out of a bag and reading them is a big deal.

Completely agree. Had you put the notes back and gone immediately to someone in authority to report the incident, explaining you could not help noticing they were confidential, so have not looked at them, you may have been onto something. However you are culpable in deliberately reading material you should not have.

The account of how you came by the papers also sounds far fetched. It could easily be supposed you deliberately looked in the bag. I assume there are no witnesses to support your version of events? The employer need only go on what is reasonable for them to have believed to have happened in order to discipline you.

If your manager is a bully, you should address this through the proper channels. Looking at papers you are not entitled to without going through a process, and dropping hints in the hope of getting your manager into trouble does not reflect well on you, and will cause more damage to you than her.

simon2018

Thank you all.

It does not bother me if you believe me or not as I know the truth and I would have never looked if they had not fallen out and MY NAME had not caught my eyes.

I was scared and in hindsight as one of you kind posters have said, I should have taken it to HR/etc and told them.

I am a very, very honest man and would never touch anyone's bag, but this multiple zipped bag, with about 4 compartments, and the one these papers and other fell out of zips to the bottom and was open and I did not note this so as I lifted a batch of papers fell out.

I appreciate what you posters have posted and can easily see the scenarior of this bully/lying, two faced cow accusing me of going into this bag even though it was left in the genral office on someones desk, a desk I had to use and this can be confirmed by others.


We were discussing my situation at work, I have never been out of work as my family despise the workshy. What my mum, dad and sister said to me is as I'm up for it, put in a griviance against this bully. I have been keeping records of her bullying ways and snide comments for the past three months.

I have also documented two other colleagues saying that the way I'm treated is different to the ways others are treated but wont back it up, but I have documented this/timed/etc and will put forward. I also have documented evidence of my bullies false, hypocritical accusations of not following procedure when everyone else does it as well as this bully/manager. I also have a record of a visitor into our office just before Chistams when the manager spoke to me in a rude way and snatched the phone out of my hand and the man/visitor asked me if this manager was always rude like this - I have his email.

In June 2017, I moved from my previous department becuse of this pile of dog mess and it is doucmented. Sadly, this pile of mess was promoted and followed me to the department/section I work in, moved in Nov 2017 and the usally behaviour started about a week after she came over.

my plan:

written consice notes re my concerns, nasty events, will phone ACAS tomorrow as I finish at 2pm on Mondays, join a union and fight this all the way.

For the poster that talked about me going on benefits and claiming "stress," I AM STRESSED, sick and fed up with this dog mess but I love my job due to the flexible hours and good at what I do, so I will try and get this bully her karma and if it does not work, for the first time in my life I will have to leave a job because of this nasty bully.
i will never go on the dole and be without a job even for a day because of a buly. She is nasty, she has it in for me, not sure why but I think she made a pass it me and I am not a two timing man.

All help appreciated and points noted.

More help required. Thanks

TELLIT01

simon2018 wrote: »

Thank you all.

It does not bother me if you believe me or not as I know the truth and I would have never looked if they had not fallen out and MY NAME had not caught my eyes.

It's not a case of believing or disbelieving your version of events. You have no independent witnesses to what happened, and it seems you are not exactly 'flavour of the month' with management either. Put those together and you are not in a strong position, irrespective of who is theoretically in the right.

Samsung_Note2

Right it sounds to me your a victim of Female Bulling and it must stop..far to many women are thugs and treat men like objects they can simply push around for there own enjoyment.

WE must start a Meninist group and once and for all stop these blood lust crazed women who are drunk on power from ruining the lives of poor innocent and sweet young and not so young men.

Stand shoulder to shoulder and we will defeat these High heel wearing hussies and return them to there rightful place.

Bare foot and pregnant cooking hubby"s dinner....:eek::D:D

Or you could simply agree its not in your best interest and start looking for another job whilst you still have the chance of a reference.

TELLIT01

You can make a joke of it if you wish, but the worst bullies I have seen in a work environment are women. Once they have a grudge against somebody they never let it go and will make life a total misery. Not all women by any means, but the bad 'uns are far worse than any male manager I've come across.