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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49835
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have applied promotional job where I work as instructed

Customer Question

I have applied for a promotional job where I work as instructed using the company online application system.
I thought the system would have kept my application confidential, but to my amazement work colleagues have discovered I have applied for the position.
I questioned this with my line manager who told me that other managers had access to the online application system whilst the HR manager was on holiday.
One of the managers with access to the system has now been given the opportunity of taking the position i've applied for on an interim basis. This person would have had full access to seeing my application which showed my experience and expected salary expectations.
I feel this is most unfair and would like to know if there is anything I can do.
Thank you
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.

I have worked for the company since sept.1st 2014.

Prior to that i took 9 months off for personal family issues and had worked for them 4 years before.

Expert:  Ben Jones replied 2 years ago.
The main way to pursue such matters would be through constructive dismissal, which is where you resign due to a serious breach of contract (including breach of trust and confidence). However, this requires you to have at least 2 years’ continuous service with the employer and as you have been there for less than a year you would not be able to go down that route. The only other legal protection is to argue that this amounts to a breach of the Data Protection Act 1998. The issue there is that you would not be able to get any restitution or compensation unless you can show that you have suffered losses as a result of that breach. However, in the circumstances I do not see that you have suffered any losses, you may have had your information disclosed to others who should not have seen it but it has not resulted in actual financial losses to you. This leaves you with the only option of raising an internal, grievance with the employer. This is an internal complaint which will be dealt with by the employer. If you are unhappy with the outcome you can appeal but after that you would not be able to take it any further. Therefore, you are relying on the employer being fair and acting reasonably with trying to resolve this. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.