Hiding behind Data protection

[kawfairy2010]

I have put in a grievance because of a serial bully boss at work. Grievance went to Trustee Board who are very wishy washy. Anyway grievance not upheld despite witness statements track record etc. Board refusing to give reason said under Data Protection they can't tell me anything. To me this is not right anyone have any ideas?

[honeybee13]

Hi there. From reading other posts on this forum, bullying can be deemed as being against the Health and Safety regulations. An employer has a duty of care towards you, which includes not letting you be bullied.

 

If you have time, have a look at bullyonline.org or the ACAS website. ACAS also have a helpline that's quite good. And the HSE [Health and Safety Executive] website. If you have trouble finding them, I'll look for a link.

 

I expect someone else will know about Data Protection, but my gut reaction is that it's an excuse.

[kawfairy2010]

Did try ACAS and they advised to appeal which I have, but its difficult to appeal when I have not been told why they would not uphold the grievance.

Thanks for advice about HSE and website will check out.

[elpulpo]

I have put in a grievance because of a serial bully boss at work. Grievance went to Trustee Board who are very wishy washy. Anyway grievance not upheld despite witness statements track record etc. Board refusing to give reason said under Data Protection they can't tell me anything. To me this is not right anyone have any ideas?

I don't claim to know much about data protection, but that sounds like rubbish to me.

I'd speculate they don't want to divulge their reasoning because it's not fair.

[elpulpo]

It certainly contravenes the ACAS D&G guidlines.

[kawfairy2010]

Yes I think that too, amazing how a manager can behave appallingly but because of the hassle it would take to stop them a Board would rather turn a blind eye and support the bully.

[elpulpo]

Is there the capacity to appeal beyond the board? If not, I think you're looking at pursuing pre action protocol with a view to making an application to Employment Tribunal.

Is the behaviour ongoing?

[kawfairy2010]

Been signed off work sick for months, Dr does not want me to go back unless it is addressed as not worth my health. Feel bad for those left as there is no way for them to complain about anything now becuase they know I was not supported and in fact came off financially worse due to statatory sick pay.

[elpulpo]

I think it would be worth you going to see a solicitor in your local area who specialises in employment law. An initial consultation shouldn't cost anything.

Do you have household insurance? Often that will provide legal cover.

 

You shouldn't lose out at all financially beacause of the failure of your employer to provide you with a reasonable work environment.

You say others are suffering similar treatment - if you stick together, you'll be in a very strong position.

Can I ask what sort of business this is? You said it has a Trustee Board (sounds ominous).

Don't name them, obviously.

[kawfairy2010]

A small charity, good advice about household insurance though will look into it. I guess the difficulty is the Board are not equiped to deal with employment issues and want a quiet life, it has been a real eye opener for me would not want to work for a charity again unless I knew the Board were effective. Its disheartening though when you know people are not being honest. A bit scared of taking it to a Tribunal.

[honeybee13]

Guys, going back to the Data Protection argument, am I right in thinking this comes under the Information Commissioner's auspices.

 

They have a website, kawfairy. Do you have time to look, if that's a good place to start>

[monkeychicken]

I would appeal along the lines of something like this:

 

I wish to appeal the decision of the board as it appears to perverse, based on the evidence. I will be able to expand further on this appeal if and when relevant information is disclosed to me. in the event of continued non-disclosure, I would request the appeal is determined by an independent third party, acceptable to me.

[davepoth]

Just ask for the full contents of your HR file. There's no way they can possibly refuse that one, and you'd be amazed at the fun stuff you'll find...

[Bigredbus]

Pursuant to the Data Protection Act 1998, you are entitled to be informed by the data controller at your place of work of any data they hold about you... and pursuant to s.7(1)©, to have communicated to you, in an intelligible form - the information constituting any personal data of which that individual (you) is the data subject, and any information available to the data controller as to the source of those data.

 

Requests to disclose information under the Act should be done in writing and some form of identification should be sent along to satisfy the data controller as per your identity. The statutory fee should, in some circumstances, be paid (actually £10).

 

s.7(4) - Where a data controller cannot comply with the request without disclosing information relating to another individual who can be identified from that information, he is not obliged to comply with the request unless—

(a) the other individual has consented to the disclosure of the information to the person making the request, or

(b) it is reasonable in all the circumstances to comply with the request without the consent of the other individual.

 

Send the board a letter requesting the reasons for withholding the information you applied for... and if not compliant with the DPA, then inform them that you will inform the ICO...