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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46774
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am currently going through a disciplinary at my place of

Customer Question

i am currently going through a disciplinary at my place of work. Personal details such as
1. that i am having this disciplinary
2. what the disciplinary is about
3. the possible outcome of it.
4. When and where the hearing is.
All the above has been told to a person i don't know but knows my ex wife. My ex wife has contacted me asking questions which i wanted to be kept private, my ex wife is asking what i will do if i lose my job in relation to payment for my daughter. This has caused me extreme stress and pressure at a time when i'm under enough already. The person who told all this to the person i dont know is the person who did my investigation. Do I have any grounds to complain and does this break my personal data protection act? thank you
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.

with the company since 1991

Expert:  Ben Jones replied 2 years ago.
What is the connection that this person has so that the data was released to them? Are that part of management or involved in the process?
Customer: replied 2 years ago.

my line manager did the investigation, the person he spoke to has no relation to him, he worked at the same branch as her before he moved to the branch im at. Rumours are he is having an affair with her, but this person is also a friend of my ex wife.

Expert:  Ben Jones replied 2 years ago.
Thank you for your response, which I will now review. I will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 2 years ago.
Thanks for your patience. If the employer has disclosed personal data about you, that is data from which you can be personally identified, then that is indeed a potential breach of data protection laws. When the employer processes personal data they have a duty to do so only for the purposes for which it was obtained and keep it confidential. They could have disclosed it to people who were involved in the process and needed to know but they in turn would have been required to only use it as far as it was needed to discharge their duties. So the whole disclosure to a third party unconnected to the disciplinary can be a breach of data protection as well as a breach of trust and confidence on the employer’s part.
The issue with pursuing a claim for data protection breaches is that you can only get compensation for actual losses suffered as a result of the breach. You have not suffered any losses here and are unlikely to because of that disclosure. You have been inconvenienced but the law does not compensate for that.
Instead you may have a case for constructive dismissal where you are resigning because of a serious breach of contract by the employer. T means you were placed In a position where your job had become untenable and you had no other option but to resign. This is a last resort though so before you go down that route you may wish to consider going down the formal internal grievance route to get this dealt with officially by the employer, by someone not involved in the process so far.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46774
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 2 years ago.

does any of this effect my disciplinary or is this separate to it.

Expert:  Ben Jones replied 2 years ago.
I don't see that it would create any bias to the final outcome so it is unlikely to be affects

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