manager told colleagues details of illness

matildajane

My brother was off work for a few weeks and provided sick notes to his line manager. When he arrived back at work one of his colleagues made a disparaging comment to him about the nature of his illness. When my brother confronted the manager the manager said he didn't tell anyone but had passed on the sick not to a more senior manager. My brother is very distressed over this as his illness is not something he would want discussed and this is likely to make it considerably worse. What should he do?

Bepolite

Legal advice can't be given here but in relation to work place practices the proper thing to do is raise it informally, if you get no joy there, raise an official grievance.

Gertrude2

I work in HR and I can tell you that if personal information like is given to someone who has no need to know it there is a serious breach of Data Protection regulations.

I'd lodge a formal complaint with the HR manager.

Your brother might want to make a complaint to the Data Protection Commissioner.

Ravenid

As Bepolite said this aint the place for legal advice but I've unfortunatly been in a situation where my Medical Details became public without my consent where I worked so I've some experience with this.

If the brother told his line manager in confidence that he was out due to a specified illness it is not for public discussion.

Only employees who require that information need to know the full details (Line Manager, HR, In house Medical team if needed.), the rest only need to know he is on Sick Leave. Nothing else.

If the info is passed onto an employee who has no need to know the details its a breach of the Data Protection Act as Medical Details and Records are considered private and confidential.

Unless there is a exceptional circumstance that would require the staff be informed (High Contagious illness etc.) the employees colleagues have no right to know the details of the brothers medical background.

I cant speak about the remark but I'd be pressuring HR and the brothers line manager to see how the info was made public knowledge. (As the "Data Controller" from 234's post its his responsibility that the info was passed to the correct people only.)

Oh by the way, 234, the Personal Data in this case is the Sick Notes the Manager passed on to another employee. They would contain not only the users name and illness but as a note supplied by a Doctor would be considered legal Medical Records. ANY info unnecessarily passed on without the users consent is a breach of the Data Protection Act.

MadsL

Ravenid wrote: »

As Bepolite said this aint the place for legal advice but I've unfortunatly been in a situation where my Medical Details became public without my consent where I worked so I've some experience with this.

If the brother told his line manager in confidence that he was out due to a specified illness it is not for public discussion.

Only employees who require that information need to know the full details (Line Manager, HR, In house Medical team if needed.), the rest only need to know he is on Sick Leave. Nothing else.

If the info is passed onto an employee who has no need to know the details its a breach of the Data Protection Act as Medical Details and Records are considered private and confidential.

Unless there is a exceptional circumstance that would require the staff be informed (High Contagious illness etc.) the employees colleagues have no right to know the details of the brothers medical background.

I cant speak about the remark but I'd be pressuring HR and the brothers line manager to see how the info was made public knowledge. (As the "Data Controller" from 234's post its his responsibility that the info was passed to the correct people only.)

Oh by the way, 234, the Personal Data in this case is the Sick Notes the Manager passed on to another employee. They would contain not only the users name and illness but as a note supplied by a Doctor would be considered legal Medical Records. ANY info unnecessarily passed on without the users consent is a breach of the Data Protection Act.

Kinda hard to prove that if the line manager denies he passed the sick note around. Handing the note upwards would not be a breach. I'd say Senior manager has a buddy on the shopfloor and loose lips.

Very hard to prove though.

Best to make an informal complaint/observation that your brother didn't appreciate the gossip to HR.