Workplace breach of confidentiality (UK)?
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Workplace breach of confidentiality (UK)?
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I've worked at the same NHS hospital for 3 years. In the first year my sickness level was high as I have a history of mental illness (depression and borderline PD) and found it hard to adjust to working again after a long time on sick benefit. My line manager spoke to me on a few occasions about her concerns and I eventually told her (via a letter) that I was seeing a therapist. She later told me that she had told my immediate supervisor I was seeing a therapist as she "had to", but I don't think she had to tell her. I told her in confidence and I didn't want it made public knowledge, as my supervisor tells her deputy everything, which means at least 3 people know, when I only intended one person to know.
This was about a year ago, but last week I was rejected for a different post I had applied for, and the reason I was given was that my manager was dissatisfied with my sickness levels, when I have only had one day sick in the last 6 months.
Additional Details
I'm unhappy of course because I didn't get the job I was after, but I also feel that I've been unfairly discriminated against because of my mental health problems. I've shown commitment by going to see a therapist and the improvement in my health has been demonstrated by the improvement in my sickness levels at work, and I feel that my manager telling my supervisor that I was seeing a therapist was wrong and a breach of confidentiality.
In all other respects I was 100% qualified for the other job as I've been doing the same job (just on a different shift pattern) for 3 years.
I am considering commencing a greivance procedure both because of the brach of confidentiality regarding my private business (seeing a therapist) and what I see as unfair discrimination in using my past mental health problems to prevent me getting the job I was after, when I have demonstrated vast improvement in my last year's attendance levels.
Sorry this is long - any advice?
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VVVVVVV
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Sorry you've had such a bad experience coming to the NHS. OK, so there are 2 parts to consider:
1/ Your line manager informing your supervisor of your issues is allowed. Managers and supervisors often share information for the benefIt of the organisation and their employees. So if they're concerned about you they can monitor and support you accordingley. BUT, they should have told you this would happen and why. I would ask the manager why s/he spoke to my supervisor when I had explicitly asked them not to. I would tell them how it made me feel and why it was not appropriate. If there are any further meetings I would document and sign them, outlining what was said, agreed and the outcome. Give them a copy to keep too.
2/ By law, your manager can not give a bad reference, they can either decline to give one or give a neutral/good one. Sick leave is usually investigated for the past 2yrs. If your sick levels were higher prior to the past 6mths, this may have contributed to their decision. If your manager has simply reported the stats, this is acceptable. But if they have passed comment/personal negative opinion then this is illegal.
In the case of the latter I would investigate further. Ask the person who interviewed you to state their reasons for declining you in writing. Speak to a UNISON rep and a trusted colleague for advice. You need to stop this from happening again, as it is active discrimination and will impede your chances of ever finding another job.
Good luck! |
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esmerelda v
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I very strongly suggest you use your union to deal with this, they are the experts on this sort of thing. |
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A N Mouse
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Telling your line manager isn't making it public knowledge it's a risk assessment.
Have you asked your manager why you didn't get the the job and what you can do to to improve your chances. One day off in 6 months is great but may not evidence a pattern of improvement
If you honestly believe you have been discriminated then take legal advice but be aware you will have to be very honest about your illness and treatment.
If your in a union speak to your rep, good luck |
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donfletcheryh
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If you take a legalistic position, you should expect that you will hereafter be under very close scrutiny for the purpose of documenting cause for your dismissal.
By contrast, if you go round and thank those people for their concern for you, you will find them far more willing to go to bat for you. |
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