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Breach of confidentiality?

  • 15-11-2018 12:24am
    #1
    Hello 1
    Closed Accounts Posts: 177 ✭✭


    I'd like if someone could please advise me on an issue.

    In my last job (left this employment almost a year ago) I was employed under the Wage Subsidy Scheme, where, owing to a medical condition/ illness/disability in an employee, an employer claims a grant of 5.30 an hour towards an employee's wage owing to a loss of productivity in the employee of 20% or more.

    During my employment I had the support of a case officer from EmployAbility (the organisation for Supported Employment) owing to my participation in the above scheme. My 18 months of support ended with EmployAbility over 8 months ago, and all final paperwork was completed by myself and case officer, signing myself 'off' the Supported Employment.

    I started a brand new position, about 3 months ago ( same line of work as previous job) and about one month after starting this new position, I was approached about joining the Wage Subsidy Scheme for my new job. I was told the organisation could not afford to take on any full time employees without them joining the scheme. I declined the offer of taking up the scheme. I was pestered and approached by the management about twice since then, pressuring me to join the scheme, and then my employer mentioned that ( and I add this was without my prior consent) my old case officer from my previous job had "asked" them to hire me, ( the way I interpreted this, was that my new employer would never have hired me unless there was a strong chance of them benefitting from the W.S.S. funding to pay out my wages.

    Surely this is a breach of confidentiality on the part of my case officer?

    Thanks for reading :)


Comments

  • #2
    looksee
    Registered Users Posts: 28,043 ✭✭✭✭looksee


    You had finished with the scheme and got yourself a new job? How did the case officer know about your new job? When the new firm took you on was there any discussion about schemes or wage subsidies? Are you now fit to work?


  • #3
    Hello 1
    Closed Accounts Posts: 177 ✭✭Hello 1


    looksee wrote: »
    You had finished with the scheme and got yourself a new job? How did the case officer know about your new job? When the new firm took you on was there any discussion about schemes or wage subsidies? Are you now fit to work?

    Yes that is correct. I signed off the Supported Employment in February of this year.
    I found myself a new job in August off my own bat in the same line of work. I have heard my old case officer has WSS clients in my new job. About one month after starting this job I was approached about joining scheme for new job. I was not infomed about the scheme at the interview. . I was asked yet again a month later, I again declined, then my manager came right out and told me she knew I had been in the scheme in my last job, and that my case officer had asked her to employ me.

    Then manager then basically gave me an ultimatum-
    either I join the scheme or don't get full time work.


  • #4
    looksee
    Registered Users Posts: 28,043 ✭✭✭✭looksee


    I have a feeling this is a bit outside what we can help you with.

    Evidently the case worker did not ask for you to be employed - unless you asked for a reference. Have you spoken to the case worker and asked for their version of events? I gather from what you said that you would not be entitled to be on the scheme anyway. If you are eligible, is there a reason why you would not wish to be on the scheme? (I don't know anything about the scheme).

    Unfortunately if you have only been there a couple of months they can let you go with any or no reason. I think your best bet would be to speak to the case worker. Otherwise you might try Citizens Advice, they can offer legal and work advice.


  • #5
    Hello 1
    Closed Accounts Posts: 177 ✭✭Hello 1


    looksee wrote: »
    I have a feeling this is a bit outside what we can help you with.

    Evidently the case worker did not ask for you to be employed - unless you asked for a reference. Have you spoken to the case worker and asked for their version of events? I gather from what you said that you would not be entitled to be on the scheme anyway. If you are eligible, is there a reason why you would not wish to be on the scheme? (I don't know anything about the scheme).

    Unfortunately if you have only been there a couple of months they can let you go with any or no reason. I think your best bet would be to speak to the case worker. Otherwise you might try Citizens Advice, they can offer legal and work advice.

    I have had no communication with the case worker since signing off the scheme in connection with my old job in February of this year. Started this new job in August.

    This person was not ever asked for a reference for any other jobs since ending my last employment.
    The point is my new employer admitted my case officer from scheme in last job had asked them to hire me, as in, done this without my permission.

    Also is it not an abuse of the scheme to ask an employee to go on the scheme just so the employer can access the funding to to be able to pay an employee for a full time position? My employer admitted that this is why their present staff are on the scheme - to help the employer to meet the wage bill.
    Then I'm told either I go on the scheme or get my hours cut.


  • #6
    looksee
    Registered Users Posts: 28,043 ✭✭✭✭looksee


    Sorry OP, I really think you need to get more professional advice than can be offered here.

    There are a number of questions -

    Are you entitled to continue to be on the scheme (having been on it once)? If not, how could your case worker have asked for you to be employed?

    Why did the new firm not put you on the scheme from the start if it was done through your caseworker? If they only found out you had prevoiously been on the scheme after you started then the case worker could not have asked for you to be employed.

    Yes it is abuse of the scheme to just use it to make wages cheaper for the employer - that is always the case with these schemes. But if you are entitled to go on the scheme (in which case it is not abuse) and it will not affect your wages then why not go on it?

    If you need a caseworker to be on one of these schemes, as you had previously, why do you not have one now?

    What outcome are you looking for here? If it is likely that you will lose your job, or hours, over it then, as I suggested, you need to be talking to the people who run the scheme (your social welfare office?) or such as Citizens Advice.


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  • #7
    Hello 1
    Closed Accounts Posts: 177 ✭✭Hello 1


    looksee wrote: »
    Sorry OP, I really think you need to get more professional advice than can be offered here.

    There are a number of questions -

    Are you entitled to continue to be on the scheme (having been on it once)? If not, how could your case worker have asked for you to be employed?

    Why did the new firm not put you on the scheme from the start if it was done through your caseworker? If they only found out you had prevoiously been on the scheme after you started then the case worker could not have asked for you to be employed.

    Yes it is abuse of the scheme to just use it to make wages cheaper for the employer - that is always the case with these schemes. But if you are entitled to go on the scheme (in which case it is not abuse) and it will not affect your wages then why not go on it?

    If you need a caseworker to be on one of these schemes, as you had previously, why do you not have one now?

    What outcome are you looking for here? If it is likely that you will lose your job, or hours, over it then, as I suggested, you need to be talking to the people who run the scheme (your social welfare office?) or such as Citizens Advice.

    My point is this - I was signed off the scheme as and from last February.
    Then my employer admits to me that my case worker told them I was on the scheme in my last job. In any case, I was signed off scheme 6 months after beginning new job. I thought information like that i.e. who worked under the scheme in a job; was strictly confidential, not something a case worker can just tell to anyone they choose - especially not without an employees consent.
    Besides, my employer admitted the following " ( Case Worker name) asked me to take you on" I never asked my former case officer to approach this employer (or any potential employer) on my behalf. It was literally the first I heard of this.
    In response to your question - "Why did n't they put you on the scheme from the start?" - I am led to believe that an employee needs to be employed for at least 30 days before the employer can proceed with the scheme. I was first approached about joining the scheme over a month after starting the job.
    Furthermore, before signing up to the scheme in the first place, I was assured it was not going to follow me into any further employment.
    As previously stated, I was told either go on the scheme or get my hours (and pay) cut. Besides it should be entirely up to me whether I wish to partake in scheme for a new job.


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