Privacy and HR

Undervalued

Savvy_Sue wrote: »

Does 'the company' hold the information if it's not been written down?

For example, if I have a conversation with someone in HR, they may not record everything. In the example given, they may record that the OP has been given compassionate leave because a parent has died, but not how they died. And the HR view may be that while you are entitled to know that the OP has been given compassionate leave, and why, you may not be entitled to have the full details of any conversation which may have taken place.

Yes.

If the most senior person asks a subordinate what X said to them (in relation to a work matter) then they are entitled to be told.

How can an employee decide what the boss is "entitled" to know?

sangie595

Savvy_Sue wrote: »

Does 'the company' hold the information if it's not been written down?

For example, if I have a conversation with someone in HR, they may not record everything. In the example given, they may record that the OP has been given compassionate leave because a parent has died, but not how they died. And the HR view may be that while you are entitled to know that the OP has been given compassionate leave, and why, you may not be entitled to have the full details of any conversation which may have taken place.

It's that thing I keep mentioning but nobody seems to believe. HR are employees of the company; they are responsible to the company and only the company; and whilst they may advise the company on matters, their job is to do as they are told by the company. They are not on the employees side, they don't answer to employees, their advice is worth very little to nothing for employees.... Whilst there are some very good HR officers, it is a mistake to trust any of them - they are on the employers side. That is neither a judgement nor a criticism. They are doing what they are employed to do, as do any employees who wish to keep their jobs.

If people want to tell someone something that they don't want repeating, find a priest....

Icarus01

Can we end the debate on bereavement pay please. I wasn't complaining. They could've paid 0 but paid me 2 days so I can't complain. Whether that's generous or not is subjective. Besides - there's no one to cover for me and I would've come back to a mountain of work had I had the week off.


I spoke to HR this morning - and they confirmed that they had spoken to my manager only. I asked him and he said he had told the other senior managers who then told their staff 'in confidence', and that's "just what this company is like". Which left me wondering why he told them in the first place.. oh well.


Time to get past it and on with work

Takeaway_Addict

Icarus01 wrote: »

Can we end the debate on bereavement pay please. I wasn't complaining. They could've paid 0 but paid me 2 days so I can't complain. Whether that's generous or not is subjective. Besides - there's no one to cover for me and I would've come back to a mountain of work had I had the week off.


I spoke to HR this morning - and they confirmed that they had spoken to my manager only. I asked him and he said he had told the other senior managers who then told their staff 'in confidence', and that's "just what this company is like". Which left me wondering why he told them in the first place.. oh well.


Time to get past it and on with work

It may not help you now but it might be worth just speaking to HR again and asking that they ensure that confidential information is only passed to those who need to know and also that this is clarfied by them to whoever they tell.

scd3scd4

Person at work just went sick with depression. Sent in a DR note. Nothing the company could do.

sangie595

Takeaway_Addict wrote: »

It may not help you now but it might be worth just speaking to HR again and asking that they ensure that confidential information is only passed to those who need to know and also that this is clarfied by them to whoever they tell.

The problem with "need to know" is who defines it. It could be argued that every one of those people had a need to know for one reason or another. If someone has a specific reason for not wanting information shared, then the best thing to do is to be very specific in what you say. If toy don't want anyone other than your manager told, say that. That said, it's a request and there's nothing you can do to enforce it.

scd3scd4

In my work the culture is very different. More respectful and professional. Who really needs to know other than a few people. I see no reason why work mates need to know. Is the same standards shown with sickness and other personal matters.


All these little mangers thinking they have all theses rights.

Kayalana99

"Worker's Obligation
There is no obligation, however, for a worker to give medical details to an employer. In practice, many workers will give this information out of courtesy and to fully explain any absences from work. If they do so, they have a right to expect that the employer will not divulge the details to anyone"

From a quick google, this would class as 'sensetive personal data' and there seems to be some indication that sickness should only be passed on 'a need to know for business purposes'

In other words HR (from again a quick google) should be able to tell people like the MD and direct supervisor, but it should not have been given to anyone other then on a 'need to know'

Also assuming they are allowed to tell MD and DS (as I've not found anything concerate) saying she has had a beverment is suitable - saying what actually happened is not needed (if you even gave this information)

Etc...

Any person who is responsible for recording and processing sickness absence information on SAP, or other applications, must:
 Accurately record information regarding absences provided by the member of staff;
 Maintain confidentiality;
 Ensure that data is stored securely.
3.7 Managers/individuals involved in the management of cases
3.7.1 Any person involved in the management of cases must ensure that:
 Only information necessary to, and relating directly to, the management of a case
should be sought;
 All documentation (e.g. return to work forms, records of review meetings/discussions,
management OH referrals, OH reports etc) are stored securely, and password
protected;
 Documentation relating to a sickness absence (fit note, return to work form) must be
uploaded and saved on the SAP sickness record through MSS/ESS.

In essence it is actully illegal what they have done.

sangie595

No it isn't. Because there was no sickness!

Your quoted "law" is clearly company policy - it isn't the law, certainly. So it is irrelevant what your, or some ornery company, do.

Ozzuk

Kayalana99 wrote: »

"Worker's Obligation
There is no obligation, however, for a worker to give medical details to an employer. In practice, many workers will give this information out of courtesy and to fully explain any absences from work. If they do so, they have a right to expect that the employer will not divulge the details to anyone"

From a quick google, this would class as 'sensetive personal data' and there seems to be some indication that sickness should only be passed on 'a need to know for business purposes'

In other words HR (from again a quick google) should be able to tell people like the MD and direct supervisor, but it should not have been given to anyone other then on a 'need to know'

Also assuming they are allowed to tell MD and DS (as I've not found anything concerate) saying she has had a beverment is suitable - saying what actually happened is not needed (if you even gave this information)

Etc...

Any person who is responsible for recording and processing sickness absence information on SAP, or other applications, must:
 Accurately record information regarding absences provided by the member of staff;
 Maintain confidentiality;
 Ensure that data is stored securely.
3.7 Managers/individuals involved in the management of cases
3.7.1 Any person involved in the management of cases must ensure that:
 Only information necessary to, and relating directly to, the management of a case
should be sought;
 All documentation (e.g. return to work forms, records of review meetings/discussions,
management OH referrals, OH reports etc) are stored securely, and password
protected;
 Documentation relating to a sickness absence (fit note, return to work form) must be
uploaded and saved on the SAP sickness record through MSS/ESS.

In essence it is actully illegal what they have done.

That just looks like a GDPR checklist for an application. It doesn't apply in this case (not sickness), but your point is still wrong anyway because you seem to be deciding who 'needs to know'. The company decides that, and if you have no consent you can fall back on legal justification (which ultimately would be decided in court). i.e. "we felt we had a duty of care to support the employee by telling a small group of people. No consent, and you could argue it is wrong, you could also argue it's right. Lastly (and I'm happy to be proved wrong here) but I've not seen bereavement status listed in the ICO guidelines for sensitive data.