Grievances accidentally sent to my manager

[pancakemoulds]

I have found out that an email was sent in error to my manager. My grievances about my toxic workplace have now been seen by that manager! I wondered why she was now being more friendly and helpful!

I contacted HR. What do they legally need to do in this instance?

It depends, it may be a breach of GDPR or it could be a proper investigation process where allegations are put to your manager.

HR cannot properly process a grievance without the accused knowing what they are accused of and being given the opportunity to defend themselves.

q2s2

How did you find out it had been sent to her "accidentally"? If you put in a formal grievance against someone, it is standard procedure that they have a right to know what they are accused of, which may mean that they see or are given the allegations that someone has made. If you make an allegation, that doesn't come with a right to confidentiality. My assumption would be that it wasn't an accident at all. I also wouldn't assume that HR are on my side either - they are there to protect the employer and their interests, not yours.

It was "accidental" because I was told that she had received an email that was meant for me. I queried this with HR and the person who sent the email and was told told once again that it was sent accidentally and the email was not meant for either of us. The grievance was about many things not just her.

I do not think HR is on my side! Does anybody these days?

Speak with your union rep, that's terrible.

Oooooh, that is bad.

HR isn’t on any side. They work for the employer.

Unless your manager has the exact same start to their email address as the person they were supposed to be sending it to, that's bollocks.

If it was sending on your email, they would have to enter your manager's name into the Send bar. If it were a Reply All, they'd have to delete your name and then enter your manager's. If it 'accidentally' added it from using their name in the message body, they'd have to deliberately type '@ managername'.

Who else have they 'accidentally' sent it to?

No, HR are not on your side. Not see they necessarily against you. And I don’t mean anything against HR in saying that. But they are employed by the firm to (amongst many other things) ensure the firm abides by employment law and protect the firms reputation (eg by dealing with bad managers).

Occasionally this will coincide with your best interests, but certainly not always.

@NeverDropYourMooncup I see what you are saying. I'm wondering if it is because that manager referred me to the woman who sent the email accidentally.

Is there any procedure that needs to be followed now that my confidentiality has been compromised. They can give everyone a head up too!

@pancakemoulds @NeverDropYourMooncup is right this is either a complete fuck up or intentional.

Email your Data Protection Officer and cc in HR Director- I am sure HR have already reported this data breach but given the potentially serious implications I wanted to also log this GDPR breach and ask to be kept informed of actions taken including the outcome from the ICO.

@Tippingadvice
Sounds sensible advice.

Can't believe this has happened- awful!!

@Tippingadvice @surreygirl1987

I am willing to bet that this has not been reported to the DPO, never mind the ICO! As it's a national company I am not sure who the DPO is. I could try and search it. I'm loathe to ask HR who it is. I will find out cone what May however! I have never been treated like this before - ever.

But thank you both because I was looking for confirmation that this is indeed a breach that should be reported.

The only thing now is I am looking to raise further grievances and I am not sure whether I should retain an employment lawyer first before I raise them.

DPO is easy to find. Go to the internet/intranet webpage for your organisation. At the bottom there will be a Privacy Policy link, click on it and the DPO’s email and contact details will be in the policy.

Legally they have to have an easy to find Privacy Policy and DPO contact details.

I would hold fire on the GDPR breach. There are time limits under GDPR so you can afford to wait a month before making a decision on whether you need legal advice first.
Use the time to keep a timeline of everything. Also research ACAS, your grievance policy, process (time limits) etc., ICR and possible employment lawyers. If you are in a TU talk to your rep.

@Tippingadvice thank you, I will indeed do that and hold fire.