Personal Details legality issue

Thornography

Hey,

I am in desperate need of advice over the legality of release of personal information.

I was called into a disciplinary hearing today at work in regards an absence issue while I was on long term sick leave. The issue was as follows, I was out sick for 4 months for personal reasons, came back for a week, and then went back into sick leave. The Sunday of the week before I went back on sick leave I notified my team leader that I was going home sick and may be staying out again for a while longer. The next day I did not call in, nor the following day or the next. So thus the disciplinary.

Now.... When I had my meeting with my HR manager before I came back, I discussed why I was out the first time and the second time, and told her everything in confidence as I did not want anyone knowing that does not need to know.
In this meeting I also stated that if I was to get the disciplinary I would man up and sign the papers with no hassle, No matter what the consequences without having to explain why I was out, or what the details were that lead to me being out, Just sign the papers and apologize for not following company policy in relation to absence. She had agreed to this TWICE, Because all I wanted to do was admit my mistake in not following company policy without directly relating my illness and/or having to talk about it.

So I was called into the meeting. As I trusted this member of HR with this personal information I did not bring a witness (Tought to myself, No point, I would only waste someones time from work to watch me sign a confession) - this was my first mistake.

I sat down with this member from HR and my new team leader (Newly apointed while I was on leave, and has NOTHING to do with me in any way, personally, socially, Just the fact that she was DUE to be my new team leader. The first question she asks is basically to explain to her why I was out, from the top, going back months so my team leader could understand. Now my natural reaction was to ask this member of HR could we proceed with the agreement we had off the record. She said no, That that was off the record and this was on record.

This felt like and absolute kick to the balls, So I let her know how I felt about the situation, that i DID NOT WANT TO TALK ABOUT PERSONAL DETAILS IN FRONT OF SOMEONE WHO HAS NOTHING TO DO WITH THE CASE OR MY LIFE IN ANY ASPECT. I was told by HR it would ILLEGAL of me to hold this information against the two of them while on record. I then request for someone else to be present that KNOWS the background of the story to be present, referring to another team leader who I confided in firstly when I took sick leave.

This request was then Ignored, In which I responded - That this team leader could know if they requested reports from my doctor and/or parents if THEY agreed to it.

I really need to know was what I did correct or incorrect. These people made me feel so so small and got me hysterically upset with the thought of me having to re-live the nightmare of what happened several months ago in explaining the story to someone who is, essentially a complete stranger to me, and who has not deserved my trust yet.

Depending on my legal grounds here for defending my right to privacy I am considering taking further legal action, or action of some kind to prevent this happening to anyone else within the company who lack such human compassion on any level.

dermot_sheehan

To sue for breach of confidence there must be a relationship of confidence or a contractual term of confidentiality.

A HR person on the job has no duty of confidentiality to keep information regarding your employment from both your employers, the company. Their primary duty is towards their employer and they act as an agent of your employer when you deal with them. Talking to them is akin to talking to your employer.

That said there is an implied term of an employment contract that fair procedures be employed. It could be argued that your employer breached this term.

NUTLEY BOY

You need to see a solicitor who is knowledgeable in employment law before you do or say anything else.

If you belong to a union consult them and see if they have a solicitor available to advise you.