medical cetails passed on ithout permission

[getpooh]

After being ill for some time at work my boss asked for my medical info which I therefore passed onto him; which was also very embarasing. I wrote on the top line not to pass them onto anyone else without my direct written permisson (quite clearly, you could never miss this bit). He immediatly passed them on without even informing me. He has since admitted this to me in writing. This happened over a year ago and I have been very unwell. I am slowly getting better and would like to now do something about this. Any ideas and are there any time limits?

[jackthehat]

What sort of thing did you have in mind?

Does it involve money?

[factor-fiction]

Did you pass him the info orally or in writing or did you authorise access to medical reports so that he could get details from your doctor?

[getpooh]

Personaly I am so anoyed I would like to see him sacked and sued. I have never spoken to him since and he was removed as my line manager. I have not yet even made a complaint against him as I was far too ill. His manager moved him sideways as she was the person he informed. Is he or the company liable or should she as his manager done more about it?

[jackthehat]

If you haven't made a complaint about it yet........I suggest you do that first, formally, in writing and see what your employers are prepared to do about it.

[getpooh]

FYI
I passed the details onto him in an email. And not I did not give permission to access my medical records or doctors details.

[jackthehat]

Did he manage to gain access to your medical records 'as held by your GP'....or did he circulate what details *you* gave to him?

[getpooh]

He forwarded on the details (very embarasing) that I gave him. He never got any details from my doctor because hid did not ask for them (why; I dont know).
Ive just checked and this is the exact comment from the top of the email that I sent him.
"For your information as my line manager.
This is confidential and embarrassing and I don't want any of this
passed on or discussed with anyone without my permission in writing."

[jackthehat]

You may need to ascertain why he passed the details on; although passing them 'up' through the chain of management may have been a reasonable course of action.

[boxtops]

The company has a right to know certain details about your health, his manager may well have needed to know them. I would expect that to happen. Do you have an HR department, what sort of an organisation do you work for?

[tonywiltshire]

You should look at the Access to Medical Records Act 1988, which gives employers the right, in some conditions, to access some medical records it also gives the employee the right to withhold this information. Despite your instructions to your line manager they may have decided to pass on what they thought as relevant to their superior
Regarding time scales it will depend what action you have in mind, you have not been dismissed so there is no claim for unfair dismissal, if you believe there has been discrimination you may be over the time limit. The best advice if you are being paid is probably to do nothing and concentrate on your health.

[Peter Pedant]

I agree with Tony WIlts
I read these postings carefully because if it were a doctor - it would be off to the GMC with him !
He clearly isnt and so you can't

You have to show a loss, or else there is no claim

I think you have to sit there and rue the day you gave out embarassing details - I thnk clearly the line mgr didnt find them that embarassing. IN the world out there this happens a lot

Under the Dat prot Act once they become unused and time passes, you can ask/demand the company erase the details. Others can advise you of the fine detail.

[Peter Pedant]

I have had look at the Access to Med........Act
I dont think it is relevant

I am not sure in the event of no loss
that there is much you can do