FindArena > Find Arena > Law

 
Thread Tools Display Modes
  #1 ()
Immerearbed : A few weeks ago I told my manager I was pregnant & that I wasn't sure if I was keeping it. She then took it upon herself to tell another member of staff. I want to take things further as I feel she has breached confidentiallity.. Do I have a case if I take this further?

  Reply With Quote
  #2 ()
NesOrestned : Your manager is not a Dr or a preacher. What confidence did they violate? Managers have no expectation of privacy so there is no grounds for the lawsuit.
  Reply With Quote
more..
  #3 ()
BuyNexium : None what so ever, if you had any plans on not having the kid you should have kept them to your self.

She is NOT your doctor nor is she your priest.........

You have NO case.........
  Reply With Quote
  #4 ()
camarok : when you told your manager,
did you make it clear that this was 'a confidence'
or did you just mention in passing or as an FYI ?

Unless you made it explicitly clear that this was "in confidence"
and purely for their use in business planning,
then it would be reasonable to assume (as the manager no doubt did) that you were mentioning in general conversation and 'gossip'

You are unlikely to have a case,
if you were discriminated in work decisions because of the possibilty, then that would something else (but also hard to prove !)
  Reply With Quote
  #5 ()
AdupsMund : still not clear on this...
In what way did you think that a manager legally has to keep your info secret??
A dr. legally owes "confidentiality", or a lawyer. Not your manager.
YOU have no case at all.
  Reply With Quote
  #6 ()
katimmita : The best way to keep a secret is to not tell anyone.
  Reply With Quote
  #7 ()
MofoxireZef : You have to be quite clear about what you have or have not told your manager. Suppose you told your manager that you were pregnant but that you wanted an abortion and then contrary to what you had told your manager you decided to proceed with the pregnancy, your manager might have been held responsible for not allowing you all the benefits available to pregnant employees. You can't have it both ways - either you wanted your pregnancy to be taken seriously in which case you can't complain that your manager has in some way been at fault in relaying the details to the appropriate department or alternatively you didn't want it to be taken seriously because you never intended to proceed with the pregnancy in which case why bother reporting it in the first instance.
  Reply With Quote
  #8 ()
nepolet : Well, she shouldn't have done that as she does have a duty to respect your privacy as much as she can. I suppose you could try and complain to her manager, but you might find this does you more harm than good.
What you now know for certain is that you cannot trust this woman an inch. Don't let her do it to you twice. Also, there is nothing stopping you from discretely spreading the word around the other employees to warn them that she can't be trusted.
  Reply With Quote
  #9 ()
bemnjefe : Yes. you have a case (there are a lot of legally incorrect answers here)

The law of confidentiality doesn't require someone to be a doctor etc, it requires that one party owe the other what lawyers call a 'duty of confidentiality' - and an employer always owes this to an employee.

I'm sure you don't want a law lecture, so I'll just say that your situation fits every one of the other necessary criteria, and medical matters are always inherently confidential - you don't have to be explicit that this is a confidential matter, it's supposed to be obvious.

So, what can you do?

Well, firstly, you don't say who the other member of staff was. Was it someone who needs to know - eg a line manager or a health and safety or personnel representative? If so, then the manager hasn't done anything wrong - they have to disclose information like that to certain categories of people who need to know - but it would have been good practice to tell you that this is what had to happen.

Are you a member of a union? If so, that might be the best way to raise a grievance.

Or you could raise a grievance through your HR department.

What outcome do you want? The above would work if you want to see her punished or for ensure the information doesn't go any further.

If you want money, then you need to see a lawyer, as it doesn't sound as though you're up to representing yourself in what is a complicated area of the law. From what you've said you have a strong case - one of the things that you have to show is that you suffered some harm or loss from the disclosure (detriment as the lawyers call it) - and disclosing such terribly personal information would probably cause a lot of trauma and make you feel pressurised to keep/not keep the baby.You might look for a 'no win no fee' lawyer who would be prepared to take the case.
  Reply With Quote
  #10 ()
CrycleClomoto : i called a lawyer yesterday for a free consultation told him all my info and my side of the story he said i can face serious time so i told him i would call him again so what does he do with my info ? because i found another really good lawyer and had a different point of view and said ill be fine i gave him a different story so does this stay confidential? because he looks like he is trying to scare me to hire him and advise
  Reply With Quote