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MARTINT330
MARTINT330,
Category: Republic of Ireland Law
Satisfied Customers: 2046
Experience:  Expert
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I’m currently on sick leave from work with medical

Customer Question

Hi, I’m currently on sick leave from work with medical certificates. I recently found out that my manager was discussing my situation with one of my colleagues in work. I didn’t get the full conversation as it was through another person. One of the comments that was made was, why I keep sending in sick notes rather than take a leave of absence. I feel if she is discussing this with one of my peers, she’s discussing me with other people. I just wondered if I have a case to bring this to HR or what options do I have, is it a breach of privacy or confidentiality? Thanks for your help! Jane
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: no
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: full time employee currently on sick leave and do not belong to a union
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 5 days ago.
Category: Republic of Ireland Law
Expert:  MARTINT330 replied 5 days ago.

Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialise in UK and Irish Law. I am not always online but rest assured if I do not respond immediately I will respond when I return.

Expert:  MARTINT330 replied 5 days ago.

Is there anything else you feel is relevant to your question or anything else you would like to add before we continue?

Expert:  MARTINT330 replied 5 days ago.

Yes, this is indeed in breach of your data privacy. You have several rights under GDPR, including the right to:

  1. Information about the collection and processing of your personal data
  2. Access the personal data and supplementary information held about you by the data controller
  3. Have your personal data rectified by the data controller if the personal data you have is inaccurate or incomplete
  4. Have your personal data erased by the data controller
  5. Restrict a data controller from processing their data if you consider it is unlawful or the data is inaccurate
  6. Object to your personal data being processed for direct marketing, scientific or historical research
  7. Data portability – this allows you to get data from your employer and reuse it.

In such a case, if you want to bring an employment rights claim, you apply using the WRC online complaint form.

Expert:  MARTINT330 replied 5 days ago.

Is there anything else I can help with today?

Customer: replied 5 days ago.
just to clarify, the law is on my side when it comes to my manager discussing my sick leave with one of my peers!
Expert:  MARTINT330 replied 5 days ago.

Yes, indeed.

Expert:  MARTINT330 replied 4 days ago.

Thank you for your question on JustAnswer. I am always available to help and please do let me know if you have any other questions I can answer for you.