How can I prove this breach of confidentiality?

lynnexxxo

BB78

So you are ok to drive?

I understand how angry you must be but I don't think that the DVLA will tell you who informed on you.

Is there noone in the personel dept who would help you - maybe they could look around for a copy of the original letter for you?

Otherwise try and call your employers bluff by telling them you do have a copy of the letter they sent to DVLA and see his reaction

wannabe_a_mum

Can you not request a copy of your personnel file? I am sure that if you write directly to the HR department at Head Office, they should be able to provide you with a copy??

Have you tried seeking advise from someone like ACAS (I think??) as to how you access your personnel records? There should be a copy on your file?

Hope this helps

BTW - think of it as them losing your knowledge and expertise and hope that the replacement that they find is totally inadequate and rubbish at the job!

scottishlass

BB78 wrote: »

Do you have a reference source for this? Because everything I have found and been told so far is that your employer is not allowed to disclose any personal information they hold about you to any third party without obtaining written consent. They are subject to strict rules governing race, religeon, health and a couple of other areas.

Would you be happy if something you have to tell your employer was passed on to someone else without your knowledge or consent?

I was always under the assumption that should I have driven when not medically fit to then anyone could have reported me to the DVLA.

With regards to companies reporting you I'm under the impression that most companies Occupation Health Departments will have a policy on fitness to drive

Occupational Health
· Will be responsible for conducting the medical in accordance with the appropriate medical standards and informing Management of fitness to drive
· Encourage employees who have medical conditions that may adversely affect their ability to drive safely, to report to the DVLA. The DVLA are legally responsible for deciding if a person is medically unfit to drive
· Inform employees that they have a legal duty to inform the DVLA about relevant medical conditions
· In exceptional circumstances, and as set out by the General Medical Council, doctors may inform the DVLA themselves, about individuals who may be considered unfit to drive

However since it wasn't part of your job description then I'm not sure the above would apply.
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tooldle

I do sympathise with you on this issue. However as your case is for discrimination and failure to make reasonable adjustments, the alledged offence has no relevance to your individual case. Whilst it helps to paint the picture of an unpleasant employer it goes no way to prov your case. A few years ago, I had the bad luck to be put through a similar experience. My advice would be, stick to proving the charges put to the tribunal and don't get involved in side issues. Have you had a case management hearing yet?

BB78

lynnexxxo wrote: »

So you are ok to drive?

Is there noone in the personel dept who would help you - maybe they could look around for a copy of the original letter for you?

Otherwise try and call your employers bluff by telling them you do have a copy of the letter they sent to DVLA and see his reaction

Yes I am allowed to drive.

Unfortunately the Personnel dept consists of 1 person and is the person I believe wrote the letter!

Am going to try the bluff when needed but I don't want to alert them to the fact I know it was them at the wrong point and they destroy any copy of the letter if they know I am bluffing!

dzug

BB78 wrote: »

I know it is them because they wanted to ask my GP about my fitness to drive in the medical report they finally requested and they asked again when I was referred to occupational health.

That really really isn't evidence that it was them. It's not evidence of any sort - it's a deduction of yours using false logic from a doubtful premise.

Just as likely: someone in the company who doesn't like you tipped them off privately. Against the DP Act, sure - but totally unprovable - there will be no documentation within the company that it has happened.


Stick to what you can prove - or it will cast doubt on the truth

BB78

wannabe_a_mum wrote: »

Can you not request a copy of your personnel file?
There should be a copy on your file?

My personnel file will be requested as the Tribunal claim progresses, I know they are stupid but I don't know if they are stupid enough to have put a copy on my file?!

wannabe_a_mum wrote: »

BTW - think of it as them losing your knowledge and expertise and hope that the replacement that they find is totally inadequate and rubbish at the job!

Unfortunately at the moment I am still employed by them

BB78

scottishlass wrote: »

I was always under the assumption that should I have driven when not medically fit to then anyone could have reported me to the DVLA.
With regards to companies reporting you I'm under the impression that most companies Occupation Health Departments will have a policy on fitness to drive

However since it wasn't part of your job description then I'm not sure the above would apply.

Any individual can report a person to DVLA but a person who has come across the knowledge through their job or a company cannot as they are bound by the Data Protection Act to keep an individuals health information confidential. If it was an individual on behalf of the company it is grounds for gross misconduct as well.

Occupational Health possibly can break confidentiality if they believe there is substantial risk, but Occupational Health were not involved until after I received confirmation from DVLA I am fine. And it was the Personnel Dept who did it and they DEFINETLY are not allowed to disclose an employees details without written consent.

BB78

tooldle wrote: »

I do sympathise with you on this issue. However as your case is for discrimination and failure to make reasonable adjustments, the alledged offence has no relevance to your individual case. Whilst it helps to paint the picture of an unpleasant employer it goes no way to prov your case. A few years ago, I had the bad luck to be put through a similar experience. My advice would be, stick to proving the charges put to the tribunal and don't get involved in side issues. Have you had a case management hearing yet?

Disability Discrimination and failure to make reasonable adjustments are just 2 parts of my claim, I can't go into the full details of the case but disclosing confidential information without consent is also one of my complaints. They have admitted 2 less serious charges but if I can get proof of this one it helps my case and gives me grounds not to return to work for them, along the lines of breakdown of relationship.

scottishlass

BB78 wrote: »

Any individual can report a person to DVLA but a person who has come across the knowledge through their job or a company cannot as they are bound by the Data Protection Act to keep an individuals health information confidential.

Occupational Health possibly can break confidentiality if they believe there is substantial risk, but Occupational Health were not involved until after I received confirmation from DVLA I am fine. And it was the Personnel Dept who did it and they DEFINETLY are not allowed to disclose an employees details without written consent.

Sorry but why weren't Occupational Health informed of your disability when you informed your company surely the would have had to make some assessment of your work space etc.

I suppose the other question is, since you have stated it was the Personnel Department tat contacted them and this consists of only one person, did this person do it on behalf of the company or as an 'individual'.