Absence reporting

[NCforthis9]

NC for this

At work employee sickness is sent to all line managers and deputy line managers in the group (beyond currently small locality). Is this reasonable or legally allowed?

I am rarely off sick but was recently and was frustrated to find out everyone seemed to know I was off and why (genuine reason).

It turns out that all management are emailed a note to say exactly why you are off and for how long. To me this is unreasonable and I have not knowingly consented to this.

Is this common practice? I would like to challenge this.

Thank you

is this long term sick leave? or a couple of days due to flu kind of thing?

why the need to NC? hardly outing

Three days due to sickness bug not long term.

I don't want to link back to previous posts thanks.

so one liner

“X off sick with sickness bug”

correct?

All management would discuss absences anyway. Not sure what your issue is?

Yes that is my understanding.

I just feel it is not necessary and it was only a sickness bug but had it been more sensitive I certainly wouldn't want everyone to know.

I would have thought it went to direct line manager and admin/HR to put on personnel record. Not to 20 people.

You want to challenge a fairly normal process because you don't like it.

Good luck with that.

I am aware management discuss sickness but that is usually long term to plan workloads.

Having sat in a meeting for that purpose it is X is absent for the next 2 weeks, their work will be given to Y and Z to complete. The absent reason is not shared.

well let’s presume that if it was “more sensitive” it would not have been broadcast

but to be getting in a tizz about a one liner updating management regarding a member of the team off sick…. seems odd

I'm with you OP. How long: yes. Why: no.

The why should never be shared in case it's sensitive. Also, by never sharing why, sensitive cases don't stand out.

Your concern is that they're sharing sensitive health data without consent?

I think that's a legitimate concern.

I think my curiosity stems from the fact I rarely have to take a sick day. I assume those who know the process well knew it was as described. Thanks

Yes that is my main concern.

I see it as with our clients we share only between a few staff directly working on that project not the whole team. Whole team will know red team are working on XY project but that is all.

But employee health is passed around much more freely. It just does not sit right with me.

I agree that management need to known who is in/not in and it's too laborious to be sending separate emails. However they only need to know why you are off (personal illness/holiday/emergency leave etc) rather than the precise reason.

Maybe in future just say 'personal illness'? Managers do sometimes.es need to know tge reason as they have a duty of care but HR can just tell managers on a. Red to know basis in such circumstances.
If HR insist on a reason - tell them they must keep it confidential and it has not to be published via email to 20 people who have no reason. To need to know.

There is no issue with sharing the fact that an employee is absent. However, the nature of your illness is classed as "special category data" under GDPR. This means they must meet one of the following conditions for processing it:

(a) Explicit consent
(b) Employment, social security and social protection
(c) Vital interests
(d) Not-for-profit bodies
(e) Made public by the data subject
(f) Legal claims or judicial acts
(g) Reasons of substantial public interest (with a basis in law)
(h) Health or social care (with a basis in law)
(i) Public health (with a basis in law)
(j) Archiving, research and statistics (with a basis in law)

Note that condition b, employment, only covers the employer if the processing is necessary "for the purposes of performing or exercising obligations or rights which are imposed or conferred by law on the controller (the employer) or the data subject (you) in connection with employment, social security or social protection" and the employer has an appropriate policy document in place. I do not see how sharing the reason for a health-related absence with managers meets this requirement.

You clearly have not given explicit consent or made the information public yourself, and none of the other conditions appear to apply. My view, therefore, is that your employer may be in breach of GDPR. Notifying people that "X is off sick for the next 3 days" is probably ok. Saying anything about the precise nature of X's sickness is probably not ok.

Thank you for your very informed reply.

I see what you are saying. I have no problem with it being said that X is absent (sickness/holiday/maternity) for x days/weeks. But staying the specific reason to multiple individuals seems wrong.

Thanks

@prh47bridge is spot on here. We have monthly stats for staff but these reports are totally anonymous and the illnesses are generic, but give us an indication of where there are "hot spots" in teams. No one should be able to to come up to you and say, "I am so glad you recovered so quickly from Blue Tongue Bubonic Plague with a side dish of Hairy Toe Verrucas", that is a GDPR issue and your HR team need to sort this way of sharing inappropriate information, PDQ.