Private and confidential papers

simon2018 · 9 April 2018 at 7:18PM

I've been off sick from work because of my manager.

I had a sickness review last week.

My manager, she always ignored me and talks through the three other staff about 70/80% of the time
unless I'm the only other person there.

On Friday, one of my colleagues rang me to say that the manager had sent my sickness review
to him and he had to print it off and leave one copy in my
'in tray,' and post the other. I have not received the sickness review as yet

The colleague that printed off the sickness review is on the same grade as I am, and not my supervisor/manager etc but a fellow work colleague.

The sickness review details my personal details and sickness diagnoses.

I feel even worse now that other people that have no right to know about my sickness details, address, Dob, etc, etc may be aware of it. The manager could have easily don it herself as she is back at work tomorrow. Even if she was not at work, the route she used to have my details printed/etc breaches my privacy/confiedentialty.

I want her sacked.

Where do I stand?

FYI - the company is a big company and has several thousand staff but I', in one of their satellite offices.

Thanks

ps - the same manager that left my personal details lying around a couple of months ago.

TELLIT01 · 9 April 2018 at 7:31PM

The only way to take it forward is to make a formal complaint to HR or to senior management if there is no HR department. Lay out in detail what happened and see what happens. As, in this instance, another member of staff was involved you may have a stronger case.

Takeaway_Addict · 9 April 2018 at 7:31PM

simon2018 wrote: »

I've been off sick from work because of my manager.

I had a sickness review last week.

My manager, she always ignored me and talks through the three other staff about 70/80% of the time
unless I'm the only other person there.

On Friday, one of my colleagues rang me to say that the manager had sent my sickness review
to him and he had to print it off and leave one copy in my
'in tray,' and post the other. I have not received the sickness review as yet

The colleague that printed off the sickness review is on the same grade as I am, and not my supervisor/manager etc but a fellow work colleague.

The sickness review details my personal details and sickness diagnoses.

I feel even worse now that other people that have no right to know about my sickness details, address, Dob, etc, etc may be aware of it. The manager could have easily don it herself as she is back at work tomorrow. Even if she was not at work, the route she used to have my details printed/etc breaches my privacy/confiedentialty.

I want her sacked.

Where do I stand?

FYI - the company is a big company and has several thousand staff but I', in one of their satellite offices.

Thanks

ps - the same manager that left my personal details lying around a couple of months ago.

Unless they want her gone she isn't going to be sacked.

Raise a grievance and let the process take its course.

Though realistically if they're not moving you to another position it probably means they are waiting you out and managing you out.

Have you made any contingency plans to move on?

BorisThomson · 9 April 2018 at 7:32PM

simon2018 wrote: »

I've been off sick from work because of my manager.

I had a sickness review last week.

My manager, she always ignored me and talks through the three other staff about 70/80% of the time
unless I'm the only other person there.

On Friday, one of my colleagues rang me to say that the manager had sent my sickness review
to him and he had to print it off and leave one copy in my
'in tray,' and post the other. I have not received the sickness review as yet

The colleague that printed off the sickness review is on the same grade as I am, and not my supervisor/manager etc but a fellow work colleague.

The sickness review details my personal details and sickness diagnoses.

I feel even worse now that other people that have no right to know about my sickness details, address, Dob, etc, etc may be aware of it. The manager could have easily don it herself as she is back at work tomorrow. Even if she was not at work, the route she used to have my details printed/etc breaches my privacy/confiedentialty.

I want her sacked.

Where do I stand?

FYI - the company is a big company and has several thousand staff but I', in one of their satellite offices.

Thanks

ps - the same manager that left my personal details lying around a couple of months ago.

Previous thread

The only person that will come out of this badly is you. You need to get a new job.

Detroit · 9 April 2018 at 8:43PM

As others have said, put in a grievance. However, don't count too much on your colleague sticking to the story they told you when it comes to the investigation.

By calling you with this information they will not have covered themselves in glory as far as your manager is concerned. When they realize this may have implications for them, they may not be the supportive witness you hope for.

Incidentally, it is not uncommon for non management staff such as administrators working for management, to see personal documents about colleagues on the same or higher grades than themselves.

Someone has to do the typing, printing and filing, and it's not always the manager themselves. Confidentiality is rarely absolute between manager and staff member.

Placing the document in an in tray where they can be seen by all and sundry is a different matter, but your manager may claim that that was not her instruction.

simon2018 · 9 April 2018 at 10:24PM

thanks all, very helpful.

Talked to my works friend/colleague that got the email. There is a trail from the manager to him and he has kindly forwarded the email to my works address. (even if emails are deleted, I know for a fact they can be found again) Therefore, solid evidence of the route of the email and the instructions to print off, etc. The friend/workmate is not admin for management but a processing member of staff who's duty is to man the phones, book the appointments and process invoices, nothing material whatsoever.

There have been many incidents if some had read my previous thread, but all difficult to prove.
The manager even told a workmate that I'd reported her. But this email with all of the contemporaneous notes I have made, should help?

I tried to rign Acas tonight but lines busy and on hold for 25 mins and closed lines, so no joy.

This is a realtively big organsation with my main office about 40 miles from where we work.

In my judgement, if anyone is aware of confidentiality/privacy issues it has to be the manager. The letter is clearly marked private/confidential. Details my address, date of birth, list of medicals, reasons I have given and my workmate as I said was told to print off as stated earlier.

I hate this manager as she is a bully, bullied the others to an extent, but lot less. No one wants to back the other as they fear of losing their livelihoods.

Please give me clear/simple guidance how to best tie this in with all of my other evidence where she
talks down to me, intimidates me, belittles me in front of other staff, shouted at me, flouts health and safety at work, EG go on the shop floor with no hi-vis jacket at times, poked her finger in my chest, grabbed my works telephone off me to take to a customer, and many more items documents over the last few months.

I want to leave, ready to leave but my dad said to me if you "run once, you keep on running," so
I am going to see this through though I'm losing money and my health as I have thrown up
at the thought of going back to work. I've never hit a woman before but I am coming close as she is an evil, nasty, sick.....

Sorry, my emotions are getting the better of me and want this bully not just to lose her job, but hope the process makes her a better person.

No one will back me up as too fearful, I'm lost, but this incident should help me.

Please guide me.

Thank you.

steampowered · 9 April 2018 at 11:10PM

simon2018 wrote: »

I want her sacked.

Where do I stand?

The law says that an employer is entitled to manage personal data (including sensitive personal data like health information) if necessary to do in connection with employment.

A situation like this is open to debate. If it was not necessary for the colleague to see the data, it may be a breach of data protection legislation. If the employer can claim that it was necessary for them to see it, for example in order for that employee to perform their administrative duties, then the fact they saw the data is legally allowed.

Even if there was a technical breach of data protection legislation, it would be an extremely minor breach.

Living in the real world, there is zero possibility of the manager getting sacked over this. So get that thought out of your head.

You can complain if you want but it sounds like that will achieve nothing, other than further annoying your employer.

simon2018 wrote: »

I want to leave, ready to leave but my dad said to me if you "run once, you keep on running," so
I am going to see this through though I'm losing money and my health as I have thrown up at the thought of going back to work. I've never hit a woman before but I am coming close as she is an evil, nasty, sick.....

It sounds like the best thing you can do is to resign and take another job.

Focussing your attention on getting revenge on this manager won't help you get better.

Even if you did win some sort of legal case - which would cause enormous stress and be at enormous cost to your emotional well being - it would be the company that would have to pay up, not the manager personally.

There is no point putting yourself in a hole because of the issues you are having with the manager. Life is too short for that. Move on with your life.

Savvy_Sue · 10 April 2018 at 1:05AM

Your dad might be wrong, at least this time. I'd say "pick your battles" and as Takeaway said, if they don't want her gone, she won't be sacked.

I'm not a manager, but I get to handle everyone's fit notes as part of my duties. Another non-managerial colleague would see any formal sickness reviews.

Did your colleague leave your information open in your in-tray, or did they put it in a sealed envelope? If the former, they have breached confidentiality too, so are likely to be disciplined for that if you land them in it.

And if they say "the evil manager told me to do that", I'm prepared to bet that the manager did NOT say "Don't put it in an envelope, just leave it there once you've printed it." It's the kind of instruction ("put it in an envelope") that I'd only feel I needed to give a teenager on work experience. Marking the envelope "private and confidential" is a nice touch, but sealed with your name on is adequate.

BrassicWoman · 10 April 2018 at 7:00AM

simon2018 wrote: »

I've been off sick from work because of my manager.

Your sick note will not say "your manager." It will say something like anxiety.

I suspect the real reason you are off sick is because of your inability to establish a good working reationship with your manager; and your seeking out what are in the scheme of things petty reasons for revenge is not going to help. No big boss is going to swoop down from the heavens an exact justice on your behalf.

Have you considered a cup of tea and a chat about how you can both work better together?

[Deleted User] · 10 April 2018 at 7:35AM

simon2018 wrote: »

I've been off sick from work because of my manager.

.

Time to leave. While you can.

Is going of sick not running from your problems in some instances.

TELLIT01 · 10 April 2018 at 8:34AM

The end result of your actions is unlikely to be the sacking of your manager. Disciplinary action is possible but, unless it can be proven that this is part of a pattern of actions, probably nothing much more than a slap on the wrist. Even if a pattern can be shown it's likely that a formal disciplinary procedure will have to be followed and that takes time.
Irrespective of your father effectively telling you to 'man up' I believe you should be looking for new employment. I don't think you will ever be in a position where you enjoy working where you are, particularly if/when your desire to get the manager sacked fails.

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