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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6339
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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My daughter has been signed off work month today suffering

Resolved Question:

My daughter has been signed off work for a month today suffering with depression, I contacted her manager today by phone to explain the situation. I was asked the reason for her sickness i let her know out of courtesy and explained that i would bring the sick note in to my daughters place of work as soon as was possible. However within 3 hours of me telling the manager two other members of staff had been made aware of my daughters reason for absence, one of which has posted innappropriate tweets all over twitter relating to her depression. The other contacted an ex employee of the company discussing my conversation with the manager about my daughter situation. What is my best course of action as this has now caused more distress for my daughter. Many Thanks.
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you this evening. How long has your daughter worked there for?
Customer: replied 2 years ago.

she has worked there since dec 2014, with a 5hr contract. however she has not been given a copy of the signed contact of employment.

Expert:  Jenny replied 2 years ago.
Just by way of background and so that I have the full picture please can you tell me if this is the first time your daughter has suffered with depression? This is important to establish her employment rights.
Customer: replied 2 years ago.

Hi Jenny, she has suffered with depression before about 3 years ago when she lost her grandad and suffered a miscarriage.

Expert:  Jenny replied 2 years ago.
Ok thank you for your help.
As your daughter has less than 2 year's service she has to be cautious in her approach as the basic position is that an employer can dismiss an employee for any reason in the first 2 years so the risk of a complaint may be that she could be dismissed.
Notwithstanding that she has the right to feel aggrieved and can raise a grievance about this, it is entirely inappropriate for her employer to have disclosed her personal information.
I would suggest she raises a grievance stating that the employer, in disclosing this to colleagues, has breached it's duty to care for her health and safety, as clearly this would cause upset. She can ask for an apology.
If the employer chooses to dismiss her as a result of raising this claim it would come within the exceptions to the 2 year rule and she would be able to bring a claim.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
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