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My employer has told everyone in work what is on my sick cert and that Im pregnant. Is this legal?

28 replies

BarbieLovesKen · 04/11/2010 09:51

The title pretty much says it all. I am having alot of hassle with my Line Manager.

Anyway, went to the Doc on Monday morning, was signed off with hyperemisis. Withing 3 hours of informing work that I was sick and that I would post in cert I received text messages/ phone calls from 3 colleagues to congratulate me of my pregnancy. When asked how they knew they said Line Manager had called them into her office and told them I was off sick with a pregnancy related illness.

In the next two days I have received 3 more congratulations for colleagues (in different departments) by text, facebook and on the street.

I have yet to hit 12 weeks yet, I have previously had a MC which Line Manager is aware of. Im very nervous about this pregnancy. We have not even told our families yet and now many people know - one is friends with DH's family and I had to ask him not to say anything until we announce it.

Im really angry. I know I shouldnt be so negative but God forbid, if something happened to this pregnancy, I would be forced to explain to all these people.

Can I complain about this? I cant find anything on the net about confidentiality in work for staff.

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manchestermummy · 04/11/2010 10:06

No advice but that's horrendous! Hope that someone will come along with some suggestions for you soon as I think that's totally unacceptable.

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booyhoo · 04/11/2010 10:08

no, as far as i know they can't do that. i think it breaches confidentialiity laws. i would be furious if i was in your situation. not sure how you deal with it. someone will be along soon. maybe repost in legal.

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BarbieLovesKen · 04/11/2010 10:09

Oh thank you so much, I appreciate your opinion as I was wondering if I was being my typical pregnant-irrational-unreasonable self!!

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MajorPettigrew · 04/11/2010 10:12

No real sdvice for you, but exactly the same thing happened to me when I was pregnant with DD.
I was signed off work for a few weeks due to awful morning sickness, when I returned to work my boss had told some people, who told other people, etc, etc.

I was furious, but didn't take it any further. Just told boss what I thought of his actions. FWIW I don't think he was trying to be unkind- just more of an old gossip who can't keep his trap shut!

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booyhoo · 04/11/2010 10:13

not unreasonable at all. if i think back to my pregnancy, i asked the GP to write 'pregnancy related illness' on all sick lines and my manager wasn't allowed to ask for any further explanation than that. and he didn't.

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flowerybeanbag · 04/11/2010 10:19

Well it's confidential information that shouldn't have been shared, so you can complain and probably should. What would you like to achieve from your complaint? Someone to rap your boss's knuckles in some way? You may feel that explaining to your line manager how upset you are that she told people without your permission and why might be enough as I'm sure she will apologise.

Just not sure what a formal complaint will achieve really.

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BarbieLovesKen · 04/11/2010 10:23

MajorPettigrew unfortunately I think she is being unkind Sad I am in the process of filing an official complaint (although she is unaware of this at present)over this lady as she has bullied and harrassed me continuously for 4 years. She tried to have me fired on numerous occasions for being pregnant with ds. Because its me, this is very typical of her.

Management (her line managers) have told me on loads of occasions that she has it in for me big time, is jealous (why, I wouldnt know) and probably has a voodoo doll of me Sad, she kicks up over everything positive to do with me. She has signed 2 different apprasials over the years saying my performance etc is excellent so its not a work issue, its a personal vendetta (I feel). Just another thing to add Sad

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BarbieLovesKen · 04/11/2010 10:23

Sorry - I completely revealed by stealth there. Should have explained better in OP..

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phipps · 04/11/2010 10:27

Even without all the other stuff she is doing Sad she doesn't have the right to reveal anything about you without your knowledge and permission.

I hope this pregnancy is stress free and you soon have your love snuggly new baby.Smile

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flowerybeanbag · 04/11/2010 10:28

Well if you're bringing a grievance anyway just include it in that.

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BarbieLovesKen · 04/11/2010 11:55

Thank you Phipps.

flowerybeanbag yeah, I was going to do that. Im actually drafting my letter right now but as I said, was wondering if I was being unreasonable over this and if I should/ should not include it.

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Towatessa · 08/11/2010 13:45

Angry This is a major breach of confidentiality, and it needs a grieveance raising independantely of the other one.


Bearing in mind you had not told anyone else, including family, because of your miscarriage she is completely out of order and it needs knocking on the head before she does it about something else too.

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tabouleh · 08/11/2010 15:40

BarbieLovesKen - you should complain to the information commissioner.

This is a breach of data protection.

The complain will mean that the matter will be dealt with seriously by your employer and rather than brushing it under the carpet they will have to make sure they have steps in place to ensure that it does not happen again.

I actually think that you should ask your line manager to email everyone she told telling then that she disclosed confidential information to them in error and that they must not discuss it.

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flowerybeanbag · 08/11/2010 16:02

Personally I think complaining to the Information Commissioner before attempting to resolve the issue and get a suitable apology internally risks making the OP look like a hysterical hormonal woman not worthy of being taken seriously. At least attempt to resolve it internally first. Just because something is a breach of the DP Act doesn't automatically mean the best course of action is to report it to the Commissioner.

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DirtyMartini · 08/11/2010 16:04

Angry for you.

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tabouleh · 08/11/2010 16:05

The thing is it's not a mistake is it - you don't accidently tell your reportees confidential medical information about one of their co-workers.

Obviously OP will be aware that this will create issues at work but I am just suggesting some redress.

Of course the internal complaint could just site the data protection act...

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edam · 08/11/2010 16:07

But a very good idea to point out in your complaint that this is a breach of the Data Protection Act. And if they don't take it seriously and discipline your line manager, you can go to the Information Commissioner. She has broken the law. Stupid and very damaging.

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potplant · 08/11/2010 16:13

OMG how awful.

In my last job they used to keep sick notes in a locked cabinet in a locked cupboard and only the Finance Director had the keys (HR staff had to ask for permission to access the information. And they weren't a particularly professional company in many many ways but they got this right.

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hairytriangle · 08/11/2010 22:11

It sounds unethical and awful to me I really feel for you.

I would have thought that any line manager would have the sense to not disclose this as it's so personal.

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giraffesCantDanceLikeAnnW · 08/11/2010 22:20

shocking!

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ClaireDeLoon · 08/11/2010 22:25

Terrible behaviour from your line manager. She shouldn't be in a managerial position if she doesn't understand confidentiality. You are absolutely right to take it further.

Hope your pregnancy goes well BarbielovesKen.

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Mum72 · 08/11/2010 22:29

I am so angry for you. Sick notes are confidential and management should know this.

I would be making a formal complaint alot higher up than this stupid cow for breach of confidentiality and make sure they know you had not announced the pregnancy yet to anyone.

I think this bitch may just have unstuck herself. If that sick note had said "complications due to a UTI" or similar, would she have still felt the need to tell all your colleagues the reason???

I am so so angry for you!

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Honeydragon · 08/11/2010 22:48

Ok this is awful treatment of you....

I had awful hyperemisis I was just coping, had, had a couple of days off so informed my line manager. She handled all paperwork, put it in a envelope and passed to HR marked strictly confidential.

I rapidly deteriated on one of my lates. The manager that evening was not mine, I explained I was very unwell (I was swaying) - she guessed I was pregnant and dealt with me superbly insisting if no one could collect me she would drive me herself to prevent others asking me what was wrong.

The next day I was hospitalised, I had hyperemisis and then contracted ecoli too Sad. The evening manager had told my line manager she had sent me home ill. My manager thanked her. Despite being great friends and colleagues neither told the other I was pregnant as they didn't know if I had told the other, iyswim.

After 3 days in hospital my team were upset and wanted to visit me/send something. One colleague had a friend at my hospital already and he said he'd drop in and see me. My boss said not to. she texted me to request whether she could call me. I said of course and she explained her situation. With her agreement she sent the colleague who wanted to visit in to see me whom I told in person, and gave him further info. She then called a meeting with my team and explained I was off with a serious pregnancy related illness, which my friend elaborated on for them all after seeing me. My manager said she was thrilled she could tell them at last but could it be kept within the team till I had reached 12 weeks and had a further scan. They were pleased to be told and didn't say a word and off course my manager also new the other manager knew too by then! Grin

I believe that this is an ethical and brilliant example of how it should be handled, and can be handled despite my working in a large company where gossip if rife.

What your manager has done, is, imo disgusting behaviour.

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BagofHolly · 12/11/2010 00:26

If your boss has it in for you, and you're going to raise a grievance anyway, although this behaviour is utterly appalling, it's also a backhanded gift and they may well have just hung themselves. Feck 'em over, I say!

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MadamDeathstare · 12/11/2010 00:38

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