How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44932
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I recently handed in my notice due to prolonged stress and

Customer Question

I recently handed in my notice due to prolonged stress and being on Anti Depressants and Beta Blockers. Since leave the MD has disclosed sensitive information regarding my medical welfare and drugs i am taking. The reasons in my resignation letter were clear, overworked, pressured, i can send a copy if you would like.

I raised a grievance and the outcome was they have learnt and will ensure it does not happen again!

Any Advice?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Who was the information disclosed to?

JACUSTOMER-vb7jw2gi- :

General Workers within the business, one contacted my wife to find out how i was. he has been interviewed and they admit they have disclosed personal info

JACUSTOMER-vb7jw2gi- :

Are you there?? you need any info?

Ben Jones :

This is indeed a potential breach of data protection regulations. If a party has acted in contravention of the Data Protection Act 1998 (DPA), then anyone who has suffered damage or distress as a result can potentially make a claim.


 


The first step is to report the alleged contravention to the Information Commissioner’s Office. They are the regulatory body that deals with breaches of data protection regulations and can investigate and fine the infringing party. However they will not award compensation to the victim so the only way to try and get any compensation is by going through court.


 


If the victim has only suffered distress and no financial damages, compensation is not available unless the breach related to the “special purposes” which means processing for artistic, literary or journalistic purposes. Any other breaches will not qualify.


 


If there have been financial losses as a result of the breach, then the case could be taken to court. I would not recommend that this is done straight away and suggest trying to reach some kind of compromise with the violating party. However, if that is not possible and court appears to be the only recourse then this leaflet contains useful information on how take a claim for data protection breaches to court:


 


http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/taking_a_case_to_court.pdf


 


So I would not say that you can take this matter further, unless you have suffered financial damages as a result of the disclosure.


 


Another option would have been to treat this as a breach of trust and confidence on the employer's part, which could have enabled you to resign and claim constructive dismissal in the employment tribunal. However, if you had already submitted your resignation before this occurred and it was not a factor in your resignation, you will not be able to rely on that to make a claim.

JACUSTOMER-vb7jw2gi- :

I had totally opposite advice from a free telephone service, my reasons for leaving were stress related, recorded by my GP for some 18months plus. i could not raise grievance before i left as i was the number 2 in the business and i could no longer work with the MD number 1

JACUSTOMER-vb7jw2gi- :

Are you still there??

Ben Jones :

I am still here but I d have to type my responses so your patience is appreciated as I cannot provide immediate responses

Ben Jones :

What exactly is opposite advice that you have received - how does it oppose what I have said?

JACUSTOMER-vb7jw2gi- :

I was advised to take it further hence the reason for contacting you

Ben Jones :

To take it further how?

JACUSTOMER-vb7jw2gi- :

Firstly may I apologise for the texting you of my plan to resign, my reason for this was to give you the heads up of my plan 1st as you requested. I was not sure if you were out today and might not see your e-mails.


 


Following the loss of the JL Contract and our discussion in your car I have made my decision to move on, as you know I am a fire engineer and really cannot see me fitting in with a merged discipline company – that said I wish you all the success.


 


The recent years have been challenging, the job has became more intense to a point where I am being treated by my doctor with Anti Depressants, Beta blockers and regular blood pressure checks. Various situations have added to the stress to include the following:


 


v Details over holiday being discussed and agreed, then goal posts being moved. Whilst I appreciate I was advised to take more time off, as it suited the business during busy periods this was not always possible. The J L Tender process at the start of the year is an example where you agreed I should be around.


v Feeling pressured regarding sharing information between you and group MD & Chairman during the intense time of the JL Tender outcome, this was shared with personnel but conveniently brushed under the carpet.


v Pressure over nights out entertaining, despite several attempts to advise you I have a young family, no baby sitters and a working wife the pressure went on.


v Pressure over figures with sarcastic e mails, I would like to point out I was an account manager, I am an engineer, I support engineers technically, write software, I’m permanently on secondary escalation – I therefore feel a sales man is somewhat pushing it.


v Although I have verbally requested stress risk assessments, to date one has not been carried out.


 


Hopefully I can move on, have less sleepless nights and reduce my stress levels.


 


You requested the return of the computer and mobile telephone; I run my own MAC at home and supplied my own mobile telephone.


 


All orders I have received to date have been sent to Corinna in the office.


 


At our meeting on the 29th May 2013 at Cobham Services M25 I will give you the drawings I have.


 


I will call RR when the dust has settles, in the interim give him my regards.


 


Finally, I plan to start my notice period as of today and will be available as required for the 4 weeks notice period. My car is arranged for inspection and collection from home where it was delivered in early – mid June.

JACUSTOMER-vb7jw2gi- :

Dear XXXXX,


 


It is with regret that I find myself writing to you again with regard to the term and conditions of my departure from Safyre. You should be aware that I am writing this e mail following legal advice and the advice of Acas.


 


Last night my wife was contacted at home by a current employee of Safyre who explained that he was concerned about the mental and physical welfare of me having been told by officers of the company that I had left the business due to stress and specified medical conditions. This has caused significant distress to my wife & feel you have shared confidential information about me without consent. I therefore resign immediately from Safyre and inform you that I will be progressing a claim for constructive dismissal against you vigorously.


 


Your Sincerely


 


James M Joyce

Ben Jones :

ok but this is different to your original question which dealt with the disclosure of the personal information. If you have resigned because of unfair treatment by the employer, where you were left with no other option but to resign, that is a potential constructive dismissal claim. You have 3 months from the end of your employment to make the claim in the employment tribunal. You need to complete form ET1 available here:

www.justice.gov.uk/global/forms/hmcts/tribunals/employment/index.htm

Ben Jones :

has this now answered your query?

JACUSTOMER-vb7jw2gi- :

Not really, it seems everyone has a different answer, its like dealing with tax men!

JACUSTOMER-vb7jw2gi- :

please allow me to rate

Ben Jones :

I am not sure where you have received your 'free' telephone advice from but I am a qualified solicitor specialising in employment law so am quite certain that what I have written above is correct

JACUSTOMER-vb7jw2gi- :

can i leavenow

JACUSTOMER-vb7jw2gi- :

sorry leave now?

Ben Jones :

if you wish to do so, there is no need to rate

JACUSTOMER-vb7jw2gi- :

i would rather please

Ben Jones :

you can just type the rating on here

JACUSTOMER-vb7jw2gi- :

so why is there a rating required box below?????

Ben Jones :

that is not always required

JACUSTOMER-vb7jw2gi- :

YOUR RATING IS REQUIRED to determine your Expert's credit for this answer.

JACUSTOMER-vb7jw2gi- :

is there a customer service number

Ben Jones :

no, if you have any customer service queries I can pass them on for you

JACUSTOMER-vb7jw2gi- :

please just let me rate and i will go as i need to go on the school run soon.

Ben Jones :

you can simply close the page down

JACUSTOMER-vb7jw2gi- :

but i want to rate,

JACUSTOMER-vb7jw2gi- :

my brother works on the watchdog program as a producer, if i cannot rate i will send him this - i have screen shots!

Ben Jones :

The rating option is not always active I'm afraid, this time you have not received the answer you wanted so there is no need to rate

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions