Patient confidentiality

[dave_mc]

that sounds illegal to me, i second the other recommendations to check out the CAB, etc. to see what they can do.

[Skybone]

Sounds like it's time to move on...

[Searcher]

While I totally agree that this really sucks for you and that your manager must be a complete selfish pig, I think that you ought to stand up for yourself. Confront her. If you get sacked go after her for wrongful dismissal or something.

Perhaps a cr@ppy job is better than no job to you, but personally, I hate to be pushed around and I wouldn't feel good about myself if I didn't do something darn fast about my work environment.

Take a stand, man!

[Elliot]

Here is a website from a Trade Union discussing Data Protection (it has a lot on unionism, but covers the bases):


http://www.tssa.org.uk/article-46.php3?id_article=1906

It is arguable that sick notes are covered by the 1998 Data Protection Act, even if on paper record, as they are sensitive records about a person's health.

As to what you can do about it is another matter - if it leads to distress or actual material loss you can sue under the Act in the small track of the County Court.  

It might (and I say might - you would need to go to a CAB or something for advice) also be held to be evidence in an Employment Tribunal of a breakdown in trust and confidence if you ask for the note to be withdrawn from public view and it is not.  If you resign at that point, you may be able to sue for constructive dismissal - especially if your complaints regarding health and safety are ignored as well.  But then - litigation should always be considered an option of last resort - after all the only people who benefit are lawyers!

[38thBeatle]

All it wants is for one of the staff to put in a claim for industrial injury. I deal with such cases a lot and if the claim is referred to the H & SE, all kinds of brown stuff can hit the whirly thing- not mention the Insurance  pay out. At the very least, displaying sick notes is a breach of confidentiality. I must admit that I do tend to view a lot of the legislation that now exists with dismay as for many companies, such as mine, it is not necessary as H & S has always been treated seriously whereas in cases such as yours, the laws clearly are not doing what they were meant to be doing to protect workers. It is a disgrace and the sooner you escape the better imho.

[crispsandwich]

Well, I rang Citizen's Advice this morning and found out that this is indeed illegal, as it breaches patient confidentiality. I also phoned a friend who's really up on this kind of thing, and she said it goes against the Data Protection Act, regardless of the fact that the information is not stored on a computer.

I went in, found that details of my day off had been put up so politely asked for it to be removed. When asked why, I told her all of the above, to which she replied "I'm just doing as I'm told", although she did say she appreciated that I didn't want people seeing those confidential things and said she'd remove it.

I'm not sure whether she was unaware of all the blurb, especially as she's a very experienced carer and has been a manager before. But I know for a fact that this new proprieter who's trying to put the frighteners on us will know all about patient confidentiality and whatnot because he and his wife have worked in the NHS for many years. I'm sure he knew what he was doing.

It'll be very interesting to see if, when I return to work, the slips have been taken down or not. I'm sure the 'boss' will have something to say.

1-0 to the employees :).

-Danny :).

[Searcher]

Good for you! Keep us posted.

[HJM]

Phone the local press next!

[Skybone]

"I'm just doing as I'm told"

- I believe that "defence" has been used many times before... It still doesn't justify their actions.

because he and his wife have worked in the NHS for many years. I'm sure he knew what he was doing.

- They should know full well what they are doing, however, bullying is bullying whether it's in the playground or on show in the staff canteen...

[dave_mc]

good job so far, hopefully it gets totally sorted!

[Elliot]

'Just doing my job' - good for her - she can tell the Employment Tribunal or County Court this when the boss is being sued for constructive unfair dismissal or personal injury.  I'm sure it will go down a treat!

Sounds like you need to keep a written record of employer transgression - if only to know that you could sue in the future.  I'd start harping on about the health and safety - if you back goes, your done for.  A written letter has more long term effect than an oral complaint! (or it might get you sacked  :( )

[MDV]

Phone the local press next!

Hell yes!! See how THEY like the naming and shaming!

[Elliot]

Just dont say 'do this or i'll go to the press' as that might be construed as blackmail and you might have an enforced holiday in one of HMP!

[Kilby]

Definately go to the media people, and allow some proper name and shame to occur.

If you go for a newspaper head for the largest paper you can find as the story will not just 'stay in town'

The local BBC news people are also good to contact, aprticularly as the BBC have a history of looking at care homes and know what theyre doing.

Remember that if the press print anything you will not be popular as it will likely hit your employers in the pocket no matter how small any article happens to be.

Good luck as in the absence of decent pay you should at least be allowed decent working conditions and dignity.

Rob...



BTW as an aside
The reason paper records where pulled into the data protection act is because companys where using databases to index & locate paper based information, thereby avoiding the old data protection act.

If a company / instution holds your data it's covered in the data protection act.

Thays why you can cost a company real money if they have CC TV recording and you have sufficiant motivation ;)