My Boss Told Everyone Why I Was Sick – What Are My Rights?

Finding out that your boss has shared your medical condition with your co-workers can be both shocking and distressing. Privacy and confidentiality are fundamental rights in the workplace, and any breach can lead to significant emotional and professional repercussions.

This article will outline your rights and the steps you can take if your medical privacy has been compromised.

Understanding Your Rights

In the UK, employees have the right to expect their health information to be kept confidential. The Data Protection Act 2018 and the General Data Protection Regulation (GDPR) provide a robust framework for ensuring that personal data, including medical information, is handled strictly​.

Under these regulations, employers must obtain explicit consent before sharing personal health details with others and take necessary measures to protect this information from unauthorized access and disclosure​.

What Constitutes a Breach of Privacy?

A breach of privacy occurs when an employer shares an employee’s medical information without their consent. Examples of such violations include:

• Discuss your medical condition with co-workers.
• Posting details of your illness in public areas or on social media.
• Sharing your health information with other departments unnecessarily​​.

Employers must ensure that any medical information they hold is only shared on a need-to-know basis and with appropriate safeguards. Employees, in turn, have the right to expect their privacy to be respected.

Steps to Take if Your Privacy Is Breached

If you find out that your boss has disclosed your medical information without your consent, there are several steps you can take:

1. Informal Resolution: Start by addressing the issue directly with your boss or HR department. Sometimes, a simple conversation can resolve the matter without further escalation​.
2. Formal Grievance Procedure: You can file a formal grievance if informal discussions do not resolve the issue. This involves submitting a written complaint outlining how your rights have been violated. Your employer should have a grievance policy in place that details the process​.
3. Legal Options: You may consider legal action if the grievance process does not lead to a satisfactory resolution. This could involve seeking advice from an employment lawyer or contacting advisory services such as Acas for further guidance​.

Preventive Measures

To safeguard your medical information, it’s essential to be aware of your workplace’s policies on confidentiality. Here are a few tips:

• Limit Information: Only share necessary medical details with your employer.
• Written Consent: Ensure any medical information is disclosed by your written consent.
• Occupational Health: If required, your employer might involve occupational health professionals, who are also bound by confidentiality rules​.

Conclusion

Breaches of medical confidentiality can be deeply troubling, but understanding your rights and the steps you can take can help you navigate the situation effectively. Remember, you have the right to privacy, and if your employer violates this right, avenues are available to seek redress. Don’t hesitate to seek professional advice to ensure your rights are protected.

By staying informed and proactive, you can help ensure that your medical information remains confidential and secure in your workplace.