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Contact from manager while off sick...possible GDPR issue?

11 replies

Leavemealone444 · 20/04/2022 22:37

Is it reasonable for a manager to message daily, and more than once if no immediate response, if you are off sick? I reported my absence correctly and I am not "important" in the sense that as a team we all do everything.
I went back early as I felt that I had to and then last night was up all night ill again (I have an ongoing issue and have a referral to a consultant) Called in today, emailed my manager to try and ward off his contact, and then ignored his texts. He knew I was off and the reason why and I just wanted to sleep.
Lunchtime one of my teammates sent me a text to see how I was. We wfh, I get on well with her but have never given my number. She either got it herself from the system or my manager gave it to her. Is this right? Surely its a breach of GDPR/ something? How do I deal with this? I'm really not happy and am starting to feel a little harassed. My manager text me again this evening (so outside of work hours) basically saying we can "talk about things tomorrow " without knowing if I will be back tomorrow.

OP posts:
TheBitterBoy · 20/04/2022 22:44

It does sound like a GDPR issue if a colleague has your number and you hadn't given it to them previously. Our HR department are very hot on not giving out this kind of information.

It sounds like your manager is very much overstepping too. I've you've logged a sick day they should be leaving you alone to get better.

Janedoe82 · 20/04/2022 22:47

Have you a doctors line in or self certifying?

Leavemealone444 · 20/04/2022 23:24

Janedoe82 · 20/04/2022 22:47

Have you a doctors line in or self certifying?

Fit note on previous absence, self cert today

OP posts:
Leavemealone444 · 20/04/2022 23:37

TheBitterBoy · 20/04/2022 22:44

It does sound like a GDPR issue if a colleague has your number and you hadn't given it to them previously. Our HR department are very hot on not giving out this kind of information.

It sounds like your manager is very much overstepping too. I've you've logged a sick day they should be leaving you alone to get better.

Thank you... I work for part of the NHS and GDPR/ data protection is hammered into us daily, and quite rightly.
I have no issue whatsoever with explaining or proving my absence, I have very rarely been ill in the past and it is unfortunate that I have been so ill on and off over the last 12 months. My absence has no impact on the team workload due to the type of work we do. They have all been documented with my GP, there is something going on. Additionally I have been diagnosed with a disability.
I would like to know how my colleague got my number though!

OP posts:
Foxfeeder · 20/04/2022 23:37

Is there anyone else you work with (other than your manager) who had your number who may have given it to your colleague?

Janedoe82 · 21/04/2022 00:09

I think you will be seen as a bit odd and difficult if you mention GDPR. I would guess they don’t realise how unwell you are. If I was off with a bug I wouldn’t think anything of a colleague contacting me. I also as a manager with a team I am close too would probably only hold back from contacting if they were off with work related stress.

Hawkins001 · 21/04/2022 00:13

As your with the same company, I'm not sure,

RedSwing · 21/04/2022 13:03

I think it is a GDPR issue - personal information should remain personal - unless your colleague has been given the responsibility for managing you? People screw up on GDPR all the time. In this case they will just say it was an honest mistake and the colleague was genuinely wanting to offer support - but I get that this added to your feelings of harassment.

Can you speak to HR about your concerns about how your manager is dealing with this and how it's making you feel - it's likely to be a training issue.

cansu · 21/04/2022 20:24

I think the colleague texting you should be left alone. She is a colleague who is asking how you are. Another colleague could have passed your number along. I wouldn't want to make my working relationships difficult for the sake of a text. I think it is fine to turn off phone and ignore work when off sick. I am not really sure why you are so angry. I find it is easiest simply to either talk or message people. I had a long time off with a serious back issue. I kept in touch and that meant everyone knew where they stood. It helped.

BungleandGeorge · 21/04/2022 21:44

I think it’s all inappropriate, doesn’t happen anywhere I’ve worked, I can understand why you’re upset! Have you followed the sickness absence reporting procedure to the letter? Your manager can contact you but not every day (what’s the point of that anyway?), and not outside work hours.
what can you do? Are you being seen by occupational health? Have you spoken to HR?

NeedAHoliday2021 · 25/04/2022 12:36

Colleague could have got your number from a mutual friend rather than HR. My team all message each other when off because we’re nice. As a manager I have to do daily well-being contact in some circumstances. Don’t read too much into it and don’t answer your phone if sleeping.

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