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: 45351
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

We have just provided all our TUPE information to a client

Resolved Question:

We have just provided all our TUPE information to a client who is re-tendering a Maintenance Contract. This information is to share with other bidders to give an indication of what staff they can expect to inherit with respective contractual terms and conditions. However the client has inadvertantly put this information on a portal where anyone bidding the contract can see their contract details. Unfortunately rather than put Employee 1,2,3 etc, they have included actual names XXXXX XXXXX Jane Doe etc, is this in breach of the Data Protection Act

Regards

John Courtney
MD Maintenance Network Limited
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What information about the employees has been included?

Customer:
















































































































































































Employee Name/or ID No.
Start Date
Percentage of time spent on contract
Has TUPE applied before? YES/NO If yes, name of incoming contractor
CRB or DBS in place? YES/NO
Job title
Geographical area(s) covered by employee
Travel allowance? YES/NO If yes, please confirm payment conditions and payrate
Contract of Employment? YES/NO If yes, please provide copy and details of any subsequent amendments
Basic hours per week
Hours worked on a daily basis (i.e. 8:00-5:00pm)
Daily breaks received (i.e. 30 min lunch break)
Basic hourly payrate or salary
Pay frequency: weekly / fortnightly / 4 weekly / monthly
Next salary review date
Notice period: employer
Notice period: employee
Overtime rate: weekdays
Overtime rate: Saturdays
Overtime rate: Sundays
Overtime rate: Bank/Public holidays
Is overtime a frequent occurrence? If yes, how many hours overtime have been paid in the previous 12 weeks
Is the employee on a "call out" or standby rota? YES/NO If yes, please confirm payment conditions and payrate
Holiday year
Holiday entitlement including bank holidays + LOS
Rate of holiday pay (if different from normal pay rates)
When does the sick leave year run from and to?
Paid sick leave entitlement
Rate of sick pay
Number of days taken as sick in previous 12 months
Member of pension scheme? YES/NO
Employer contributions made
Employee contributions made
Redundancy entitlement
Health cover entitlement
Life Insurance Details
Details of any bonus payments
Details of any other benefits
Mobile phone? YES/NO
Company vehicle? YES/NO
Uniform? YES/NO
Union membership? YES/NO
Details of any active disciplinary proceedings
Details of any active grievance proceedings
Details of any legal cases and claims
Customer:

Hello Ben

Customer:

Does the information make sense

Ben Jones :

ok, a lot of personal data, which is indeed highly likely to have been a data protection breach. This is because personal data covers any information from which a person is readily identifiable and having all these details would certainly make individuals identifiable. So posting these details for a purpose different to what it was obtained for, would be a breach. You could argue that the reason you forwarded the information was for a legal purpose, that being the TUPE transfer, but the subsequent distribution of this information is unlikely to be justified

Customer:

Thats what we thought. We believe in the first instance that the client should have removed the names before placing them n an open web portal. We were partly culpable in sending names when we could have put ID numbers, however we were acting in good faith and we have had five of the nine or so names provided express their concerns. Where do we take it from here as we have highlighted this problem in a formal letter to the client

Ben Jones :

have they removed the names now?

Customer:

Yes they have with a rider that everyone deletes previous copies of the excell spreadsheet that contained the full names

Ben Jones :

ok and what would you like to achieve in this situation?

Customer:

Well I am not sure to be fair and how can we quantify any loss? so the other side is what happens to the client? slapped wrists or a fine? it may just be a case of we told you so and you are not very good Mr Client or do we ask for a written apology or a reason why it happend? at least they might get the message that they have cheesed off a number of people

Ben Jones :

it is not you that would be pursuing the matter in the circumstances, it is the individuals whose personal data was breached. Also they cannot really take legal action unless they have suffered identifiable losses as a result of this. The only thing you can do really is to report them to the Information Commissioner's Office, which deals with data protection breaches and they could issue a fine if they believe it is necessary. For you personally as a company, you can refuse to deal with them in the future if you believe you cannot trust them

Customer:

As it happens I am one of the individuals and I may not get a job out of it at the end of the day, the operatives and office staff will TUPE and be either retained or made redundant much like myself. I think the best appproach may be tell them that they were in the wrong and we may be look at reporting them to the ICO once I speak to our management team! they are not a bad lot just a bit incompetent and think they can ride rough shod at times

Customer:

Ben thanks for the advice and I am much clearer now in my own mind as to how to take this forward is there any other recommendations you can add or have we explored all our options

Ben Jones :

well the issues here are twofold - was there a breach and if so you can report it to the relevant body, that being the ICO, which can undertake its own investigation and issue a fine if necessary. Then have you, as an individual whose data has been breached, suffered identifiable losses as a result of that breach and if you have, you can consider pursuing them through the civil courts

Customer:

Okay its something to think about going forward, thanks for the advice, we will see how things pan out and I may be back for further advice

Customer:

Cheers XXXXX XXXXX regards John

Customer:

Oh one final question are these things limited with any time constraints do we need to act in any time frame with a drop dead date

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



www.justanswer.com/law/expert-ben-jones/

Ben Jones :

to report to the ICO - no

Ben Jones :

To claim for damages - 6 years from the date of breach

Customer:

Cheers XXXXX XXXXX good day bye for now!!!

Customer:

Rating to follow

Ben Jones :

Many thanks, XXXXX XXXXX best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45351
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you

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
< Previous | 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