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Confidentiality breach

20 replies

Bun14 · 08/10/2022 17:40

I'm just after some advice if anyone has any please.
I am currently going through a miscarriage, my third this year. Obviously I have had to inform my manager about what is going on as I've had to have time off for medical appointments etc as well as the days when the pain is very bad etc.
Yesterday my miscarriage started and I was in a lot of pain so I messaged my manager to make her aware that I would not be in.
Later that evening, one of my colleagues messaged me asking how I was as she was aware that I had began the miscarriage. I asked her where she had heard this as the only person I'd spoken to that day was my manager. She told me she had been told by another member of staff. So my manager has clearly told this other staff member my personal, medical information and then this other colleague has told someone else.
Am I right in thinking that this is a huge breach of confidentiality? I am very angry, as is my boyfriend understandably. I'm also incredibly upset that I am now having to explain to other people when I am still very emotional and I am still trying to deal with the pain of this happening.
What can I do in this situation? Is there a process to report this and to who?

Thank you for any advice.

OP posts:
lisavanderpumpscloset · 08/10/2022 17:44

Do you have a HR department?

strawberrysea · 08/10/2022 17:45

HR. That is absolutely unacceptable.
I'm sorry to hear about your circumstances.

lisavanderpumpscloset · 08/10/2022 17:46

Sorry posted too soon.

Im so sorry for your loss. Having been there myself, I'd hate if such personal info was shared with my colleagues and I would be livid.

My first thought would be HR, do you have this where you work?

HappyHamsters · 08/10/2022 17:48

Sorry to hear your circumstances and hope you are ok. Definitely contact HR if there is one, what sort of workplace is it.

Bun14 · 08/10/2022 17:52

Thank you all so far.
I am disgusted and so sad that they have done this.
For more info, it is a preschool run by the council. There is no HR department. There is a nursery manager (the one who told people) and an office manager. I'm not sure where else to turn.

OP posts:
Turnaroundandigone · 08/10/2022 17:53

Go to the board OP.

GiltEdges · 08/10/2022 17:54

Bun14 · 08/10/2022 17:52

Thank you all so far.
I am disgusted and so sad that they have done this.
For more info, it is a preschool run by the council. There is no HR department. There is a nursery manager (the one who told people) and an office manager. I'm not sure where else to turn.

It’s a legal requirement that someone is responsible for data protection. Ask the office manager who this is and report to them.

Bun14 · 08/10/2022 17:56

Then only person who I could ask about this is the office manager, I assume she is also in charge of the data protection. The thing is, the office manager and the nursery manager are very close friends and I can't be sure that I wasn't the office manager also telling people my confidential information as well as the nursery manager.

OP posts:
Bun14 · 08/10/2022 17:56

Turnaroundandigone · 08/10/2022 17:53

Go to the board OP.

Thank you. I am going to find someone to contact higher up. They give us no information on who to contact if we have an issue with management. I wonder why that is?! 🤔

OP posts:
sjxoxo · 08/10/2022 17:58

This is terrible. There must be someone responsible as posted by other pp’s- a board of governors or a director, or failing that if you’re under the council they must have a HR department I would think!! Surely. Maybe not on site for you personally but the regional council must do surely.
So sorry for your loss & that you are going through this, you’ve every right to feel upset at her unprofessionalism and also complete breach of trust. I would think that’s actually very serious to be honest, from a HR point of view. Good luck to you OP xo

Bun14 · 08/10/2022 18:02

sjxoxo · 08/10/2022 17:58

This is terrible. There must be someone responsible as posted by other pp’s- a board of governors or a director, or failing that if you’re under the council they must have a HR department I would think!! Surely. Maybe not on site for you personally but the regional council must do surely.
So sorry for your loss & that you are going through this, you’ve every right to feel upset at her unprofessionalism and also complete breach of trust. I would think that’s actually very serious to be honest, from a HR point of view. Good luck to you OP xo

Thank you.

I'm currently looking up who to contact. There is a citizens advice bureau close to me so I'm going to pop into there too.
I am definitely going to contact the council too and ask to speak to someone in HR there.

I am appalled by her behaviour tbh. I don't want to work there anymore if this is how they treat their staff members.

OP posts:
CrabbitBastard · 08/10/2022 18:13

Has your place of work given any indication that they are unhappy with time off work related to your miscarriages or any medical appointments? If so, you could use that and this breach of GDPR, to claim discrimination.

I'd email/message the manager something like:

"I understand you have shared my difficult and personal situation with others without my consent. Whilst I recognise others may be sympathetic, I was not ready to share the news and you took that out of my hands which I find hurtful and a breach of both my trust and of GDPR. It could also constitute pregnancy discrimination. I am therefore seeking further advice on my next steps".

Also, join a union - unison is good for nursery staff. They can advise you too.

Bun14 · 08/10/2022 18:44

CrabbitBastard · 08/10/2022 18:13

Has your place of work given any indication that they are unhappy with time off work related to your miscarriages or any medical appointments? If so, you could use that and this breach of GDPR, to claim discrimination.

I'd email/message the manager something like:

"I understand you have shared my difficult and personal situation with others without my consent. Whilst I recognise others may be sympathetic, I was not ready to share the news and you took that out of my hands which I find hurtful and a breach of both my trust and of GDPR. It could also constitute pregnancy discrimination. I am therefore seeking further advice on my next steps".

Also, join a union - unison is good for nursery staff. They can advise you too.

Thank you for this advice. And the email suggestion is very helpful too! Thank you.

They have allowed me the time off but they are never really happy about people taking time off, even for medical reasons.
One of my previous miscarriages began whilst I was at work. I knew what was happening so I told my manger straight away and instead of allowing me to go home, she told me to stay until there was another member of staff to cover me. She could have easily covered me instead. I have been offered no other time off to recover, they expect me back in the next day after it happens. I also have to take the days off for medical appointments and the days I take when I'm in pain from the miscarriage as holiday days too.

OP posts:
daisychain01 · 08/10/2022 20:39

I would not go in 'all guns ablazing' and accusing anyone, you would be much better of taking a much more measured approach. Even if the only person who knew was the office manager, you need to treat it as "innocent until proven guilty". There is too much she said, they said about this.

You would be much more likely to come away with a good outcome if you open the conversation with "please can we have an open and frank conversation about my medical circumstances and how [colleague A] knew about my situation."

there are certain circumstances where there is justification for a manager to discuss this type of situation with employees, for example to keep business running. You need to have that discussion behind closed doors and make sure you don't come away with egg on your face.

Redqueenheart · 08/10/2022 21:18

@daisychain01
''there are certain circumstances where there is justification for a manager to discuss this type of situation with employees, for example to keep business running. You need to have that discussion behind closed doors and make sure you don't come away with egg on your face.''

Absolute nonsense. There is no justification here for sharing such private, medical information with another member of staff.

Bun14 · 08/10/2022 21:20

daisychain01 · 08/10/2022 20:39

I would not go in 'all guns ablazing' and accusing anyone, you would be much better of taking a much more measured approach. Even if the only person who knew was the office manager, you need to treat it as "innocent until proven guilty". There is too much she said, they said about this.

You would be much more likely to come away with a good outcome if you open the conversation with "please can we have an open and frank conversation about my medical circumstances and how [colleague A] knew about my situation."

there are certain circumstances where there is justification for a manager to discuss this type of situation with employees, for example to keep business running. You need to have that discussion behind closed doors and make sure you don't come away with egg on your face.

There is no justification or reason for her telling any of the staff members. They don't need to know the reason I am off. I don't want everyone at work knowing about my miscarriages and that's my right to keep that private.
I told my manager as I had to, as I wouldn't be in and will wed further time off. By telling other members of staff without my permission, she has breached the data protection act and breached confidentiality. She had no reason to tell them. It has caused me more upset and pain.
Now at least 2 other people know that I didn't want to tell. Surely there is no justification for that?

OP posts:
Bun14 · 08/10/2022 21:22

Also, she is not innocent. I have contacted the member of staff she told and she has confirmed that the manager told her about my situation. When she had no right at all to tell anyone. I told her in confidence. I don't expect my personal medical issues to be gossiped about at work. It is unacceptable.

OP posts:
Bun14 · 08/10/2022 21:24

@daisychain01

Thank you.
My point exactly. There is no reason whatsoever that she would need to tell people. My miscarriages are not going to affect the business or stop it running at all.
There is no justification here. She was purely gossiping about my pain.

OP posts:
CrabbitBastard · 10/10/2022 08:37

If she wouldn't let you go straight home when your miscarriage started then that is appalling, insensitive and potentially dangerous. Speak to pregnant then screwed, tell them everything, save any emails and text messages as evidence.

Stath · 10/10/2022 19:40

So sorry for your losses @Bun14

Also, any medical appointments re your miscarriages should, afaia, be classed as pregnancy related absence and not be subject to normal sickness leave.

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