Where do I go for help

sexmag

Hi,

I feel I am the victim of a data breach with my company.

I have been ill and certified sick for the last 6 months. In February I had a meeting with work where i kept my illness private as per their advisement was my right and they asked me to see their nominated doctor. I did this and meeting him was fine,he confirmed what my gp confirmed and said he needed to forward information about our meeting but wouldn't disclose my illness only that he felt I was not fit too work etc.

This was fine however recently I met with work again and during this meeting they confirmed they had received their doctors report and asked out right if I am ill with x,y and z. I was taken aback as I was advised by the doctor my illness wouldn't be disclosed. I declined to confirm any of this even though they kept pushing me to answer it and made comments of I am putting them in a sticky situation and they need me to answer. The whole meeting was awful and unbearable after that.

I'm at a loss as to what to do.

Do the company have a right to know my illness and get that information from their doctor even though he told me he wouldnt?

Do I need to engage a solicitor or is all this standard for people who are sick from work?

judeboy101

sexmag wrote: »

Hi,

I feel I am the victim of a data breach with my company.

I have been ill and certified sick for the last 6 months. In February I had a meeting with work where i kept my illness private as per their advisement was my right and they asked me to see their nominated doctor. I did this and meeting him was fine,he confirmed what my gp confirmed and said he needed to forward information about our meeting but wouldn't disclose my illness only that he felt I was not fit too work etc.

This was fine however recently I met with work again and during this meeting they confirmed they had received their doctors report and asked out right if I am ill with x,y and z. I was taken aback as I was advised by the doctor my illness wouldn't be disclosed. I declined to confirm any of this even though they kept pushing me to answer it and made comments of I am putting them in a sticky situation and they need me to answer. The whole meeting was awful and unbearable after that.

I'm at a loss as to what to do.

Do the company have a right to know my illness and get that information from their doctor even though he told me he wouldnt?

Do I need to engage a solicitor or is all this standard for people who are sick from work?

They have a right if you sign away that right.

lifeandtimes

It would seem to be a breach if you were advised differently by their doctor.

I would advise a solicitor for peace of mind at least

sexmag

judeboy101 wrote: »

They have a right if you sign away that right.

I didn't sign anything to confirm I agreed to let them know my illness. I signed something to confirm I met the doctor and he would liase with them about my current health but not disclose my illness and that was made clear

nuac

Mod
Leaving open for general discussion, subject to compliance with forum rule on legal advice

Samuel T. Cogley

Get copies of everything you signed - and reread it all. I am very quick to suggest engaging employment law solicitors, they will offer excellent advice and there is no need to inform your employer that you've engaged one, until tactically advantageous to you. In some cases where things go completely tits up, the employer is only too happy to meet your legal fees as it shows you've had proper advice throughout any process, usually these fees are not excessive - a few hundred Euro extremely well spent in my very limited experience.

C3PO

Am I the only one who thinks it's a bit strange that an employee can be out on sick leave for 6 months and their employer is not entitled to know what is wrong with them?

FishOnABike

C3PO wrote: »

Am I the only one who thinks it's a bit strange that an employee can be out on sick leave for 6 months and their employer is not entitled to know what is wrong with them?

An employer should only be entitled to know if someone is medically fit for work / if or when you are likely to be able to return to work. A doctor cannot even tell family about your medical condition without your permission.

C3PO

FishOnABike wrote: »

An employer should only be entitled to know if someone is medically fit for work / if or when you are likely to be able to return to work. A doctor cannot even tell family about your medical condition without your permission.

I know, and I can see the logic of that, it just still seems a bit strange to me!

Samuel T. Cogley

C3PO wrote: »

I know, and I can see the logic of that, it just still seems a bit strange to me!

Consider employee A out with cancer employee B out with stress due to a recent HIV infection, employee C out with bi-polar disorder and employee D out with a broken leg.

Would there be different stigmas attached to different employees or do you think they'd all be treated the same up on their return? Employers should, of course be given any relevant information but there are extremely good reasons not to give them anymore info than they are entitled too.

lifeandtimes

Samuel T. Cogley wrote: »

Consider employee A out with cancer employee B out with stress due to a recent HIV infection, employee C out with bi-polar disorder and employee D out with a broken leg.

Would there be different stigmas attached to different employees or do you think they'd all be treated the same up on their return? Employers should, of course be given any relevant information but there are extremely good reasons not to give them anymore info than they are entitled too.

That would have been my understanding too,employees have a right to privacy regarding their illness,ive heard of doctors providing certs that are vague to protect their patients illness for the exact reason of not attaching a stigma to them at work.

In this case if I were op I would seriously question why the company doctor felt they were within their rights to notify the company of their illness especially after they were advise they wouldn't. Sounds shady and I would advise op to speak with a lawyer who deals with employment law and or data protection laws

Samuel T. Cogley

After a full reread of any documentation signed, as this is someone's career here, a complaint to the Medical Council may also be appropriate.

lifeandtimes

Samuel T. Cogley wrote: »

After a full reread of any documentation signed, as this is someone's career here, a complaint to the Medical Council may also be appropriate.

Then say as a hypothetical,op upon their return to work is passed over for promotions or let go for the illness. Who would ops issue be with, the medical practice for disclosing the information or the company for using it in a negative way? Both?

I would say both are to blame but an employer directly acting upon the information is more serious and such it would with them more so

All hypothetical of course.

Op as advised please seek legal advice regarding this and as Samuel said a reread of everything you signed would be helpful

Samuel T. Cogley

lifeandtimes wrote: »

Then say as a hypothetical,op upon their return to work is passed over for promotions or let go for the illness. Who would ops issue be with, the medical practice for disclosing the information or the company for using it in a negative way? Both?

I would say both are to blame but an employer directly acting upon the information is more serious and such it would with them more so

All hypothetical of course.

Op as advised please seek legal advice regarding this and as Samuel said a reread of everything you signed would be helpful

This would simply be an additional complaint - perhaps focusing the mind of any hypothetical doctor who the company might seek to rely on in a formal capacity later on, who may wish to then be off the record.

Also taking the OP at their word, and two sides and all that, it's not a great carry on from the doctor regardless. I would be very surprised if something signed did not include a provision about sharing info from the company doctor and if the company doctor is advising to the contrary...

lifeandtimes

Samuel T. Cogley wrote: »

This would simply be an additional complaint - perhaps focusing the mind of any hypothetical doctor who the company might seek to rely on in a formal capacity later on, who may wish to then be off the record.

Also taking the OP at their word, and two sides and all that, it's not a great carry on from the doctor regardless. I would be very surprised if something signed did not include a provision about sharing info from the company doctor and if the company doctor is advising to the contrary...

sexmag wrote: »

I didn't sign anything to confirm I agreed to let them know my illness. I signed something to confirm I met the doctor and he would liase with them about my current health but not disclose my illness and that was made clear

Again taking things as they are presented it would seem the doctor says one thing and makes op sign something confirming this and then goes and does the opposite, bad practice in my book and in general I hope the op doesn't suffer from this professionally. To many stories out there of people being sick and then let go because of their illness being disclosed