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Original poster

To ask my employer for compensation for accidentally leaking my pay details?

172 replies

salviapurplerain · 27/10/2020 20:07

Posting here for traffic. I'm part of a group of people being made redundant at the end of this month. As part of the process, every individual in this group has been emailed a financial illustration of what the package will look like. It's a 1 like excel spreadsheet with detailed personal information including gross annual pay and a full breakdown of the exit package.

We have just found out that on one person's spreadsheet, along with that person's financial information, HR accidentally shared all the information for 6 other people! I am one of those people whose information was shared and I'm so upset! This is a breach of confidentiality and data protection surely!

Will I be unreasonable to claim compensation for this?

OP posts:
Original poster
salviapurplerain · 27/10/2020 21:46

@Marmunia1975

Salaries are made public when jobs are advertised. You would have no chance and you’d look stupid.
No they are not. They are advertised as "competitive" and will only be disclosed at interview or offer stage. They are always negotiable though the company will have a top figure they will not go over
OP posts:
wehowitch · 27/10/2020 21:47

Salaries are made public when jobs are advertised.

That's just not true though. Some salaries are advertised, some are not, some have a range plus people negotiate. Often new employers get paid more then people who have worked for the same company for yrs whilst both doing the same job.

ClareBlue · 27/10/2020 21:48

One person in your organisation has seen your exit package when they shouldn't have and they are leaving the organisation too.
What harm has that done you?

ClareBlue · 27/10/2020 21:55

And if one person knowing your salary who shouldn't, and you are not going to work with on that salary, really causes you emotional distress, then good luck with finding a new job.

CeibaTree · 27/10/2020 21:55

Meh I'd say concentrate your efforts into finding a new job. No real harm done. Are you displacing your anger/upset about being made redundant into this by any chance?

ImMoana · 27/10/2020 21:56

@salviapurplerain I had to complain to the estate agent first. They offered to remove my personal details but wouldn’t concede they had made any sort of breach.
Once they had concluded their investigation (which was quick because they didn’t really do one) I escalated to the ICO.
It took them about 4 weeks to come back to me with a decision to uphold.
The estate agency apologised through gritted teeth. It wasn’t enough in my opinion but I hope it made them be a bit more careful going forward.

KatieGGGG · 27/10/2020 21:57

As PP have said, a lot of misinformation here.

You are entitled to compensation for breach under s168 of the Data Protection Act 2018 inc Article 82 GDPR.

The “loss” in this specific instance differs from usual, and need only be “distress” due to the breach.

Google DPA breach GLO and you’ll see how many are ongoing as a result of relatively minimal breaches. It is in volume where breaches become cost-effective.

ICO can’t enforce compensation to you, only fines on the organisation.

OP the crux of the matter is whether the potential award for distress (likely hundreds) is worth your own time and effort.

There is no harm in submitting your position to your employer and seeing what they say to it.

ListeningQuietly · 27/10/2020 21:59

If your employer is cagey about salaries
chances are the men are paid more
and the public school men are paid a lot more

salary transparency is an aim not a GDPR breach

PyongyangKipperbang · 27/10/2020 22:01

You might not get anything, but given that they are making you redundant, give it a try!

I got "let go" yesterday, not been there long enough to be made redundant (a company wide decision to target those who have been there 2 years and under so they can avoid consultation and severance....MARSTONS PLC if anyone is interested), so for those of us with no recourse or appeal, go for it.

BoomBoomsCousin · 27/10/2020 22:02

@ClareBlue

So what actual harm had this mistake caused you? Not what you can pretend or claim, what actual harm?
Violation of privacy frequently doesn't have specific identifiable harms. But that doesn't mean a loss of privacy isn't harmful. Asynchronus information can be very problematic in relationships and puts the OP at a disadvantage that others in her work do not have.

In a business context, it might result in financial loss. For instance, if her salary gets to a future employer it may affect her ability to negotiate the best compensation package. (And of course, the OP will likely never know if her information has reached someone who can use it against her in negotiation, so she won't be able to identify it as a loss nor mitigate it well).

BoomBoomsCousin · 27/10/2020 22:07

@ListeningQuietly

If your employer is cagey about salaries chances are the men are paid more and the public school men are paid a lot more

salary transparency is an aim not a GDPR breach

Full salary transparency is good goal IMO, but that isn't what we have here. While a data breach like this could help identify patterns of discrimination, it's unfair because it puts an undue burden on an unwilling actor (the OP) that others do not have to bear.
EL8888 · 27/10/2020 22:07

How much do think you deserve for this trauma?!

I don’t anyone’s that interested and you’re leaving anyway

Casmama · 27/10/2020 22:12

I think some of the comments in this thread have been appalling. There is very little thought about the fact that you are going through a difficult time with being made redundant. Those who have nothing accurate or useful to add but came along to stock the boot in should be ashamed.

justasking111 · 27/10/2020 22:12

Well if you never need a reference from this employer I suppose you could have a go. I think it will come back to haunt you though.

SunshineCake · 27/10/2020 22:13

You'd be very grabby and childish to try and claim compensation for this Hmm.

ClareBlue · 27/10/2020 22:13

One person saw it and they are not in her work anymore. So they might tell her potential new employers if they knew who they were, the new potential employers might believe them and use the information, this might influence how they deal with her,
What compensation do you think is appropriate?

EL8888 · 27/10/2020 22:16

@Casmama it’s the grabby and supercilious tone of the poster putting people’s backs up. Well, it was for me

christinarossetti19 · 27/10/2020 22:18

OP, I don't know anything about the law, but fwiw I don't think you're being grabby, greedy or childish.

Being laid off is a horrible experience in itself. Your employer breeching pretty basic confidential information is distressing. I'm not surprised that you're upset.

Best of luck with finding another position if you haven't already.

Pikachubaby · 27/10/2020 22:19

Compensation? Really? For what exactly?

What a mindset Confused

Original poster
salviapurplerain · 27/10/2020 22:21

[quote ImMoana]@salviapurplerain I had to complain to the estate agent first. They offered to remove my personal details but wouldn’t concede they had made any sort of breach.
Once they had concluded their investigation (which was quick because they didn’t really do one) I escalated to the ICO.
It took them about 4 weeks to come back to me with a decision to uphold.
The estate agency apologised through gritted teeth. It wasn’t enough in my opinion but I hope it made them be a bit more careful going forward.[/quote]
Thanks for replying back. That's a fairly short turnaround time. Very useful, thanks

OP posts:
BoingBoingyBoing · 27/10/2020 22:22

Compensation is given to, well, compensate for an actual material loss.

You haven't lost anything because 1 person knows what you earnt in a job you are being made redundent from.

Yes, it's a shitty situation and it shouldn't have happened. But let it go.

ClareBlue · 27/10/2020 22:24

One person saw it. That person should not use the information to the disadvantage of the PP. If they do, then take action against them.
The company made a mistake but what harm has this done other than activate an entitlement thought process.

Dishwashersaurous · 27/10/2020 22:26

Have you suffered a monetary loss? If so, then claim compensation to that amount

whatever1980 · 27/10/2020 22:27

I've dealt with a couple of claims re receipt of unsolicited emails and breaches of personal data - insurance deals with them and settles claim

Original poster
salviapurplerain · 27/10/2020 22:28

@KatieGGGG

As PP have said, a lot of misinformation here.

You are entitled to compensation for breach under s168 of the Data Protection Act 2018 inc Article 82 GDPR.

The “loss” in this specific instance differs from usual, and need only be “distress” due to the breach.

Google DPA breach GLO and you’ll see how many are ongoing as a result of relatively minimal breaches. It is in volume where breaches become cost-effective.

ICO can’t enforce compensation to you, only fines on the organisation.

OP the crux of the matter is whether the potential award for distress (likely hundreds) is worth your own time and effort.

There is no harm in submitting your position to your employer and seeing what they say to it.

Thanks @KatieGGGG. The specific parts of the legislation to refer to is very helpful
OP posts:
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