To think I’ve done something very stupid (work related)

[NewYearsSleeve]

I work for a small business from my employers home office & I hate it. I’ve been working with a recruitment agency for a while trying to find something different. The agency sent my CV to another small business with my agreement but I’ve just found out the owner of the other business is friends with my boss. I’ve got an angry message from my boss asking me what I’m doing looking for another job as she thought we were friends and telling me not to expect a reference. WIBU not to go in on Monday? My boss can be intimidating & bullies people. (One of the reasons I hate working for her).

Two ways to look at it.

1. it's got you out of a job where you feel bullied

2. you use this opportunity to say how things need to improve.

Sometimes you need to stick up for yourself.

GDPR is a very valud point. handing on identifyable information is very much a problem forbthem. safe all evidence and report the breach. the fines for breaches are massive!

GDPR is definitely worth pursuing, but I think you have to start by first contacting the organisation that shared your data.

I really hope something else comes up for you.

Huge GDPR breach, definitely pursue this. I would be very tempted to just be honest with your boss in the reasons that you’re looking to leave and she has shown that you’re right to be looking to leave by her reaction.

Most recruiting people delete anything that means the person is identifiable, mainly so that the new employer can’t contact them privately and bypass the huge fees!

I like the idea a previous poster had of saying there must have been some mistake, and the recruiter had your details on file from before you worked for her - would that work for you, until you can escape? Otherwise, they sound thoroughly unpleasant and I'd not go back to them, since they clearly aren't going to be professional about this.

Your employer cannot refuse to give you a reference. People can and do get awarded costs when this is done to them.

She has to provide a simple reference saying you waited from x to y date, and she is taking a huge risk if she doesn't also say something generally positive (unless she has concrete evidence to the contrary).

However if you don't turn up then you have left without working your notice which is something she could legitimately criticise you for.

If you can cope with doing so, I would play this by the book- don't do anything unprofessional and she won't have a leg to stand on. It looks good to future employers too.

BTW looking for a new job is part of life. Employers who don't understand this are small minded and unprofessional. It's understandably disappointing when an employee leaves, but decent employers wish them well and look to understand why a valued employee chose to go elsewhere.

She is abusing you and if this was happening in the home then I would tell you to call the police. Shouldn't be any different. If she is throwing things around the room then this is classed as violence.

Few things to do:

• complain to recruiting agency that the other company breached GDPR by passing on your details to your employer
• as PP said, tell your boss that you registered with that agency a year ago so you’ve no idea why they passed your CV on (play dumb)
• if it escalates on Monday and your employer threatens to provide a bad reference, say you’ll play the same game and post bad reviews about them. If they’re a sole trader they won’t want that to happen.
• grab any personal possessions and leave if you feel threatened

Good luck OP. I hope you can find some temp work until a better perm role comes along.

Don't lie about the recruitment agency. You have no idea what was said to the other boss by the agency and no one is going to believe that your CV was sent in error. I certainly wouldn't.

Sounds awful op.
If you feel concerned about your safety don't go back. Speak to her on the phone. Tell her you are allowed to look for another job and her attitude now is exactly why you were looking.
I would then get on to the agency, explain what has happened and tell them you feel that morally due to their actions they need to help you find a job and smooth it over about the references.
Good luck

What a shame for you.

It’s a pity you didn’t have any of this behaviour on film.

Totally unacceptable

Good luck. I’m sure something will come up.

It's quite possible the CV was sent without your name, address etc on, but that the other employer recognised you from your current job title & employer. They've behaved massively unprofessionally but GDPR might not really be the thing they can be hit with. I'd still kick up a massive (but still professional) fuss with the agency and let them know that their client has behaved unacceptably and made your current position untenable, so you really hope the agency will be super helpful in getting you another job now.

Go to work on Monday. You've done nothing wrong. If they shout and throw things, call the police.

If OP works for such a small company, she may be teh only employee - if teh CV sent to the second place contained the company name then it's obvious who it would be even without names.

OP I'm sorry this has happened. I agree, speak to the agency, and your current employer regarding references/notice period. It's clear that you're right to leave. The agency might be able to get you some temporary work which would get you a new reference.

www.jobsite.co.uk/worklife/wrongful-dismissal-rights-19724/

^ information on wrongful dismissal (which is different to unfair dismissal) applies if your employer has dismissed you and refuses to pay you statutory or contractual notice period.

This may also be relevant:-

www.citizensadvice.org.uk/work/problems-at-work/employment-tribunals-from-29-july-2013/making-an-employment-tribunal-claim-is-it-worth-it/employment-tribunals-will-you-win-your-claim/employment-tribunals-winning-a-claim-if-your-employer-owes-you-money/

You need to speak to the agency!!!

This is the problem with posting for employment advice on AIBU rather than in the Employment topic. People who don’t know what they are talking about try and be helpful by giving completely incorrect advice. Such as:

”Your employer cannot refuse to give you a reference. People can and do get awarded costs when this is done to them. She has to provide a simple reference saying you waited from x to y date, and she is taking a huge risk if she doesn't also say something generally positive (unless she has concrete evidence to the contrary).”

Utter nonsense. Other than in a very limited number of sectors where there is more of an obligation, such as financial services, no employer has to give a reference. What they have to do if they choose to give a reference is make sure it is an accurate reflection of the person. (That doesn’t mean they are “taking a huge risk” by not saying anything positive, because basic dates of employment would be perfectly accurate.)

I agree with @flowery it's important to remain factual about what actions the OP can usefully take otherwise they will spin off on numous tangents that don't help.

Huge GDPR breach, definitely pursue this

On the GDPR data privacy issue, on what basis can the OP "pursue this" that's going to make any difference whatsoever? Fact is her employer is a nasty bully and now her new job offer has been withdrawn, probably a blessing if it means she can cut ties with that vile situation and make a fresh start.

It's a "pick your battles" situation where citing GDPR legislation to the agency will likely be met with blank stares and making a complaint isn't going to get her closer to getting a new job! 99% sure ICO wont consider it a breach anyway and they don't pursue isolated cases that have minimal material losses or harm.

Far better to channel energy towards:-

(a) ensuring her employer fully meets their legal financial obligations and

(b) presenting their up to date CV to several agencies so they can prioritise suitable contract/temp and perm work opportunities for the OP

Anything else is a waste of time and energy at this stage!

On the GDPR data privacy issue, on what basis can the OP "pursue this" that's going to make any difference whatsoever?

The GDPR legislation allows for claims against those that breach it in terms of annual turnover. On the surface the OP seems to have a strong claim because: either the recruitment agency failed to ensure their clients (employers) have signed to agree to GDPR; or the client has and then gone and ignored it.

The only potential weasel way out is if the client claimed they were checking references (which could be an allowable use of personal data). If that's the case, it has to be explicitly stated in the original GDPR statement (the whole idea behind GDPR is you can't rely on "you should have known". If it's not stated. It's not allowed.).

I agree with flowery and daisy. You're looking for a new job. By the sounds of it your current employers are small minded bullies. You haven't done anything wrong, of course you are allowed to look for a new job. They employ you, they don't own you.

Definitely report to the Information Commissioner about the GDPR issue.

Your boss has been stupid enough to admit in writing she received confidential personal information and used it to sack you.

This is totally illegal under gdpr and the fines are so astronomical she'll have to close the business.

Then you can say to any subsequent employer your last employer is out of business and cannot provide a reference (in fact I would probably say this anyway, if you have a reference from a previous job they will probably accept that.

She sounds unhinged OP.

Can you do temp work for now?

The ICO aren't going to give more than five minutes to this. They're understaffed and can't manage large scale and serious data breaches, they're not going to give time to two friends gossiping about an employee/ potential employee. They certainly won't be imposing any "massive fine"!

People need to be realistic about what the law will do, in this case the answer is not much at all. OP please listen to the good advice from daisychain01 and flowery.

This is totally illegal under gdpr and the fines are so astronomical she'll have to close the business.

In the given scenario, this is utter nonsense.

Bombardier is right in that the ICO won’t have the resources to pursue it but by making complaint then seeking independent legal advice you might get a ‘hush’ payment to help you until you secure employment