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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75107
Experience:  Qualified Solicitor
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If an employer, let’s the entire company know you have

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If an employer , let’s the entire company know you have tested positive for covid is that a gdpr breach ?
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: No it wasn’t
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: no all employees are are none of the above
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have been off for the last 5 weeks and have applied for the covid sick pack which they have asked to go through their bank aswell they want me to give them 5 days of my annual leave as they said I need to take responsibility for contacting covid

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Customer: replied 8 days ago.
No problem

What reason, if any, did the your employer provide for sharing this information? and can I just check what is the nature of the work you do, and how long have you worked there for?

Customer: replied 8 days ago.
I haven’t asked the employer why they shared my name and not a generic close contact , I work in purchasing for a construction company , I have worked for them for over 5 years

OK I understand and thank you for providing this information. Please leave it with me for now; I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

You could indeed argue that this is a data protection breach because it is personal data abut you, from which you can be identified, and which has been shared with ithers who did not have the tight to know about it. Telling others you have tested positive for Covid is in no way different to telling them you have tested positive for any other disease or condition and employers cannot do that in any other circumstances, so it will be the same with Covid. In addition, it will be treated as a breach of the implied term of trust and confidence which exists in every employment relationship.

If you wanted to take it further you can raise a formal grievance about it with the employer. You can get a detailed explanation of the grievance process here:

https://www.acas.org.uk/grievance-procedure-step-by-step

In summary, an employee is expected to submit their concerns in writing and send them to their line manager, or whoever is nominated as the person to send grievances to under an official workplace grievance policy.

The complaint should include details of what the grievance is about, any evidence that may exist which is relevant and also what the employee wants their employer to do about this issue.

Once the grievance has been submitted, the employer is expected to arrange a formal grievance hearing, inviting the employee to attend and discuss the nature of their complaint. The meeting is also as an opportunity to ask for further clarification or information, as required.

Following the meeting, the employer will take time to consider all the issues and evidence and then make a decision, communicating it to the employee. If the outcome is not to the complainant’s satisfaction, they can appeal and get a second opinion from a different person assigned by the employer to consider the appeal. Once the appeal is also completed, that brings to an end the formal grievance process and there is no option to escalate it further internally.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Hello, I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

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