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Can manager disclose my mental illness to another manager without my permission

7 replies

Fearfulnamechange · 22/12/2017 12:33

I'm off sick, I have Bipolar Disorder. I'm in protracted discussion with work about coming back and having a meeting. I sent my original email explaining how unwell I was, including suicidal thoughts, to my manager and the overall manager.

On reply, manager added the deputy manager into the email chain. I wasn't happy with him knowing. He is temporarily in post, and based on his behaviour as a colleague I don't trust him to keep things confidential. In fact he is well known for going through desks, and telling certain colleagues everything he knows.

The overall manager has said that they had to include him as he sometimes manages alone in their absence. I was of the understanding that any disclosure had to be with my permission. He is aware of my bipolar disorder, but the details of this ill period.

There is no policy that covers this.

OP posts:
HellsBellsnBucketsofBlood · 22/12/2017 12:44

Under data protection law your employer can process (give to the manager) sensitive personal data (which this is) in order that your employer can comply with employment law. If he needed to share it for that purpose - he could.

Otherwise none of the other grounds look to apply, and he should have requested your explicit consent. But I expect that they are proceeding on the basis that the above applies.

If you have concerns you should raise them specifically with your manager.

daisychain01 · 22/12/2017 13:05

Many people in general management roles are clueless and oblivious about how to disseminate and handle sensitive information relating to their staff.

Out of respect to you, it would have taken nothing for your manager to have taken the precaution of checking with you, or at least to make you aware that they would need to share your current health situation with a broader but select readership, to ensure continuity of cover during your absence. Instead they just slapped the sub-manager's name into the cc field and clicked on 'send'

I hope with the forthcoming GDPR next May that more stand and managers will receive training in how to use electronic means of communication in a more appropriate way.

  • You could take issue by reporting to HR/ Occ Health
  • You could point out to your manager that you'd appreciate if they can keep things more confidential.
  • You could ask them what the policy is for sharing medical conditions to people in the company without seeking prior permission.

All of the above come under the category "locking the stable door after the horse has bolted" because they've already told someone, and that person doesn't sound like they practice confidentiality either.

Personally, I would focus your energy on getting yourself back to good health again and hope they fully support your time off to recover.

daisychain01 · 22/12/2017 13:06

more staff and managers

dramaticsigh · 22/12/2017 13:08

I would also have been really upset at this. I think it's shoddy management to overlook your feelings in this way.

But - focus on looking after yourself first and foremost.

Fearfulnamechange · 22/12/2017 15:09

Thanks. I have raised it with them, and they've just dismissed it as he needed to know in order to manage. I don't see they needed to in order to comply with employment law.

The email explaining this to me also had cc'd two HR managers who hadn't previously even included.

It's just part of a massive issue. All I want is a meeting to discuss stuff. I requested this weeks ago, but they keep making reasons why they can't fix a date- they want an agenda for me (one manager likes to fully prepare written answers before any meeting), annual leave, now HR have to attend too. They just don't care.

OP posts:
XmasInTintagel · 01/01/2018 22:25

Sorry you're having a hard time with them OP. I always put 'in confidence' on the end of the subject line, in capitals, if I'm discussing something I don't want shared with others, it doesn't always work, but may make them think a little more before sharing, and at least means they can't say that they didn't realise you felt that way.
I'd also be tempted to mention, next time you email them, that you are not happy with the level of sharing of your personal information, and consider this not to be in the spirit of the data protection act.

XmasInTintagel · 01/01/2018 22:28

I had a manager who regularly discussed peoples personal I for in an open plan office, and didn't care when it was pointed out; she needed to be specifically told that what she was doing was a breach of the dpa before she cared. I think thats quite common unfortunately.

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