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Legal matters

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

11 replies

BarbieLovesKen · 04/11/2010 11:39

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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ajandjjmum · 04/11/2010 11:41

Did you ask your line manager to keep it quiet?

mousymouse · 04/11/2010 11:42

stuff like this is confidential and should stay between you, her and HR.

suzikettles · 04/11/2010 11:45

Oh, this happened to my SIL's friend. She's a teacher and her head decided to tell the parents of her class why she was off sick (pg related - v early days). The parents then told the children.

Sadly she didn't have a happy outcome to that pregnancy so cue 20+ 6 year olds having to be told why Mrs X wasn't having a baby after all Sad

Am very, very angry for you. My SIL's friend didn't take it further, but I should think it's a serious breach of employee confidentiality. Speak to HR?

(Congratulations on your pregnancy btw!)

BarbieLovesKen · 04/11/2010 11:45

No, ajandjjmum should I have? I just presumed that confidentiality surrounding something like this was a given. I thought the same as Mousymouse

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 , 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

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lborolass · 04/11/2010 11:47

Don't know about the legalities but I know that a cousin of mine told her HR department that she was pregnant but asked them not to tell anyone else until she had had all the tests she wanted and it was kept confidential.

It's too late now for you but I'd speak to your HR manager and get it on record how angry you are - I'd be livid in your situation.

Congratulations, I hope it all goes well.

flowerybeanbag · 04/11/2010 11:48

Did you have a concern about the quality of response you received on your other thread?

BarbieLovesKen · 04/11/2010 11:48

Sorry crossed posts suzikettles oh my! Shock that poor woman! that sounds horrendous but to be honest, exactly what I wanted to avoid - Id hope of course it wouldnt come to that but I dont think I should be in that position in the first place.

We're going to have to tell the families now in case it gets back through someone else (which is very likely tbh) Sad. SIL is having a very difficult time trying to conceive and although I know she'll be happy for us, I really wanted to hold off telling her until we were positive all was well.

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BarbieLovesKen · 04/11/2010 11:49

Oh God no flowerybeanbag - everyone has being brilliant but someone on other thread suggested I pop this in legal also (which I think was good advice seeing as I asked was it legal in thread title)

Thats all! Smile

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ANTagony · 04/11/2010 11:55

Congratulations. After three miscarriages I can completely sympathise with not wanting it to be public knowledge. (On a positive note I'm now 28wks with this one so it can go okay too.)

What is on your sickness certificate is private between you and your employer/ line manager. There was a breech of confidentiality in your line manager announcing it to your colleagues. I'd get it in writing from a couple of colleagues how they were informed before logging your formal complaint unless people end up compromised once a formal investigation starts.

You could go for the 'thanks for your message, how did you hear?' line and then print out these responses to attach and strengthen your complaint.

BarbieLovesKen · 04/11/2010 11:58

Thanks Iborolass and ANTagony, I feel more justified now. I would do ANTagony but feel that may be a little underhanded to my colleagues? dragging them into the whole thing?

Im drafting my grievance letter now though and because all of you seem to share my thoughts, am going to include this, I presume an investigation and/ or interviews will have to take place and when asked in confidence, am sure colleagues will say they had been told.

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BarbieLovesKen · 04/11/2010 11:59

and ANTagony Im so sorry to hear about your miscarraiges Sad. Huge congratulations on your current pregnancy though. Hope your feeling well.

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