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Disclosure of Medical information

  • 08-07-2013 12:26pm
    #1
    Registered Users, Registered Users 2 Posts: 314 ✭✭


    Hi all

    Just wanted to confirm whether my predicament would necessitate a trip to my solicitors. My situation is as follows :

    I contracted a viral infection and was booked off work for 2 weeks.
    After the first 2 weeks, I naturally returned to work. However, virus was still floating around, and I wasn't 100% as yet, so (by mutual agreement, and for occupational health safety), I returned to my doctor that same day and was booked off for a further 2 weeks, as the virus is moderately infectious. I'm now on 7 weeks off and I feel I'm almost 100% and ready to return to the office (I have been working from home the entire time). I'm confident I'll receive the green light from doc next week.

    Now, with the back story out of the way, I have a problem. My wife (who previously worked as an au pair for my boss) received a phonecall from a another former employee of the company (who was the au pair to my employer's children as well), saying that she'd heard how sick I was from my employer, and generally phoning to see how I was. Okay, fair play to her. I'm irritated that my medical condition has been discussed with someone I know without my consent, but I'm not a litigious person. so feck it. However, a week later, while my wife is traipsing around Marley park with my daughter she runs into the new au pair, who neither of have met, nor know anything about, and she then starts asking after my health et al. At which point, after my wife called me to ask WTF?, I sink into a very angry malaise at my private information now being disclosed to someone I don't know from Adam. I'm a very private person by nature, and take my privacy very, very seriously.

    So, my question is, do I, as I suspect, have a case to plead in this situation. I feel quite violated that something like my health is being discussed openly by my employer with (A)other employees and (B) employees who are total strangers to me (I didn't even know there was a NEW au pair...), sans my permission. I'd like to sweep this under the rug and get on with my job, but a breach of my privacy like this really keeps creeping back into my head, and I know this won't be the last time this kind of thing occurs if I leave it be.

    Thanks for taking the time to answer.


Comments

  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    It all depends what was said and to whom, if your boss while over the dinner table said to his wife remember A who was our Au Pair, well her husband B is off sick, wife say o dear is it serious he say no but he will be off for a few weeks. If that was how it happened then I can see no disclosure of private medical information.

    If on the other hand your boss gave the new Au Pair your personal file and medical notes to have a look through that may be a breach of your privacy.


  • Registered Users, Registered Users 2 Posts: 314 ✭✭Unsinnig


    infosys wrote: »
    It all depends what was said and to whom, if your boss while over the dinner table said to his wife remember A who was our Au Pair, well her husband B is off sick, wife say o dear is it serious he say no but he will be off for a few weeks. If that was how it happened then I can see no disclosure of private medical information.

    If on the other hand your boss gave the new Au Pair your personal file and medical notes to have a look through that may be a breach of your privacy.

    Cheers for the prompt reply. In this case, I'm glad a talking to will suffice. Crisis averted :)


  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    Unsinnig wrote: »
    I'm a very private person by nature, and take my privacy very, very seriously.

    No, you are taking it too, too seriously.

    Your boss may not be at fault at all, he may have had to field lots of questions from concerned colleagues and friends who were anxious because you have been out sick for so long. What would you do in his situation?

    Employers have to tread a fine line between respecting the privacy of employees and preventing all sorts of conspiracy and crackpot theories doing the rounds at the coffee station as to why an employee is absent.

    I think you're blowing this out of all proportions to be honest.


  • Closed Accounts Posts: 934 ✭✭✭LowKeyReturn


    The au pair is going to overhear things I imagine.

    If I can imagine it you can bet beans to euros anyone being sued is going to imagine it, with or without the help of a lawyer. Is the au pair rich and worth suing, or are you looking for an injunction? I would have thought a quiet and reasonably assertive word with the offender would have the same effect.


  • Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    If you haven't been in work for 7 weeks it is hardly reasonable to expect no one to know, ask or tell anyone that you are unwell. Such an absence is bound to cause concern amongst your co workers and those who know you, I would think it is reasonable that your boss told them you were ill if only so they know when you may be likely to return.


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