To put a formal complaint in against colleagues?

[pizzakat]

While on the sick ( GP note signed off with anxiety & depression to allow me time to get reacquainted with Sertraline) some of my colleagues took it upon themselves to look through emails in our office PC outbox to have a look at my sick note.

They also made multiple phone calls to me which were ignored on the day I initially left work, despite having told them I wouldn’t be back and that I had a GP appoiment, as well as following procedure with my manager, who was aware when I would be back and adjusted working patterns to reflect that.

I feel like my privacy has been massively invaded, and now all members of staff know why I’ve been off, does my employer not have a responsibility to treat my medical documents as sensitive information?

Right now i’m finding it hard to tell if i’m overreacting due to my MH, in my shoes would you raise a formal complaint or let it go?

Sorry for disappearing, i’m super stressed about going into work tomorrow and broaching this with my manager so had a long bath.

Thank you so much for your replies, I don’t want to give away too much identifying info but I have been told this happened by a colleague of the same position as me, that two colleagues deliberately went onto our single shared computer in our branch to “see why I was off and when I was coming back.”

I was told by another colleague the day I went sick they were in the office calling me for the same reasons.

There have been tensions with these two since I started as one of them went for my position, twice and didn’t get it.

My manager left very soon after I went sick, i’m meeting new manager tomorrow... what an introduction that is going to be

I feel so uncomfortable at work now, and it’s really exacerbating the way i’m feeling, I don’t want to cause more stress at work

You have witnesses and there will be a way that they can see who accessed the email. Be strong, you can do this, just take a deep breath, I hope your new manager is kind and supportive.

I believe what they’ve done is a sackable offence
Definitely complain

Also to add, my sicknote was scanned to send to HR by previous manager, obviously this was negligent on his part but as he’s now left the company it’s hard to see what they will be able to do... hopefully at least some policies will be changed so no one else has to deal with this

Ah, OP.
You are right that the fault lies with the prev manager who has now left. They should not have scanned to a folder/file visible to others.

That said, your colleagues are harassing you from a HR perspective.

In the real world, the first way to deal with this is informally, albeit documented. Most HR policies recommend this before formally complaining.

You have a complaint re the correct procedure being followed for which I would expect a grovelling apology from your management and a review of procedures as you mention.

I would then also informally raise the issue regarding your colleagues behaviour which is def harassment. If you feel they have not taken you seriously then raise formally - in essence look up the policy and follow the reporting procedure so they are forced to respond appropriately.

This takes a lot of courage but change only happens when we make changes and speak up. Hope it goes ok.

Despite their questionable username, @TERFousBreakdown gave exactly the answer I would have (also work in IT in a similar role).

This comes down to the systems in place in the company although I'd question why you emailed someone from a shared outbox assuming that there was an alternative and I can't believe there isn't even including sending from your personal email account.

The staff were looking through a shared outbox and are unlikely to get into real trouble for their actions.

"does my employer not have a responsibility to treat my medical documents as sensitive information?"

Yes but so do you.

The phone calls on the first day suggest that they had not been informed not to contact you and again don't seem 'punishable'.

I would taking care making the complaint in a way that could be seen as "naming and shaming" individual employees, as it seems the problem is one of 'ways of working' and company custom and practice rather than deliberate wrongdoing.

Definitely highlight your concerns to your manager.

Reporting it to the Information Commissioners Office is unlikely to make any difference and is overkill. Yes this situation violated your privacy and confidentially but it is much better to keep it internal. The ICO will not deal with individual cases like this, unless they get a flood of complaints all linked to the same company, or noteworthy privacy breaches. Realistically they don't have the resource.

In future, send confidential documents like Fit Notes only to an individual named Manager or HR (password protected and Subject field marked Private and Confidential) not to a group mailbox.

I think it's very insensitive at the very least, most people would realise that the mother and father would want to be the first to introduce solid food!

Have you spoken to her about it?! Unfortunately, you may have to put up with it if you need the childcare - it pains me to say that.

I felt so so angry towards my MIL for a good night 2 years (sh was a massive pain in h arse) and it took my second one o just let things go a little. I feel your pain in though OP - it's so hard being a working parent with tha guilt, missing your child etc.

Sorry wrong thread

I would file a complaint. I have a mental health condition that fortunately I haven't needed to disclose to my employer but if I did need to I certainly wouldn't want other employees knowing, just my managers.

LeighaJ entirely your decision whether or not to disclose MH problem to your employer, but are you aware that it may give you added protection in law, under the Equality Act (depending on whether your condition can be classed as a disability) for your employer to know.

Things are hopefully fine atm, but if your circumstances change in future where you need additional support (including reasonable adjustments in your role), the best way is for you to formalise the situation (confidentially). It puts you on a level playing field with others without your challenges.

New manager doesn’t seem very supportive which I kind of understand, seems like he doesn’t want to come in and upset anyone... said he will have an informal word.

Should I ring our confidential HR line for advice? Honestly feel like it’s all being minimised as if it’s nothing...

An 'informal word' is a bull shit response from a manager. I would be pushing for disciplinary action for those involved, at the very least a written warning.

I would want it formally acknowledged that they have behaved this way towards you so at the very least you're protected in case they were to do anything in future (and hopefully put them off doing anything as they'd have to be on best behaviour).

for you OP and well done for standing up for yourself.

So you don't have individual accounts on the shared PC?

If you sent your sicknote from a communal account on the communal PC & didn't delete it from Sent Items afterwards it's a weird one - because it's just as much their outbox as yours. They shouldn't have looked, but could say they accidentally clicked on it whilst checking something they sent.

It doesn't sound like a very satisfactory working practice TBH.

As a matter of fact, I'd consider use of a shared mailbox for such matters a case of possible misconduct (depending on content) and might check with HR.

That's my take on it, it's very dodgy ground sending personal information from a shared mailbox. Doesn't give much ground for complaint.

Yes, I work in a shop. We have one PC in the back office which is shared by all, no password etc.

I didn’t send me sick note from the shared computer, my previous manager did, and didn’t delete after.

Then your complaint should be against your employer's data protection policy as stated.

Also, as someone who gives advice to companies on IT for a living, this is altogether a very unprofessional set-up - not only due to data protection but it also leaves your firm very vulnerable in a hundred other ways.

Sounds like a complaint agasint the former manager. They are the one who put the information on a shared computer and used a shared email account to send it. Other staff are allowed to access the shared computer and emails. Since the manager has left it will be more a put in place measures to make sure it doesn’t happen again, such as separate log in accounts and separate email accounts.

How are things OP?

How awful! disciplinary action very much required

I’m not pursuing anything any further, manager seemed totally disinterested and from my experience of the company no policies will be changed.

I’ve got two more shifts then i’m off for two weeks, in which I’ll be sorting out my cv and looking for something new

Enjoy your time off