Help required with workplace discipline

Well, there wasnt a specific reason but its used to call in sick etc.

Two things now spring to mind. Has this been used as a method for calling in before, and do others / have others used it likewise?
If so then this appears to be discrimination in regards you for a common practice.
Arguably custom and practice dictate this is how you report sickness if everyone does the same.
(Custom and practice if you can demonstrate it is important, custom and practice can even overrule specific terms of employment if it can be proven)

If the manager gave you their number for general use as opposed to a specific reason then you could argue you were following their instruction.
Eg if they said hey here is my number in case you need to contact me if your ill, or late or something.
Again if you can prove others do the same your basically destroying their even highly unlikely GDPR argument.
 
Two things now spring to mind. Has this been used as a method for calling in before, and do others / have others used it likewise?
If so then this appears to be discrimination in regards you for a common practice.
Arguably custom and practice dictate this is how you report sickness if everyone does the same.
(Custom and practice if you can demonstrate it is important, custom and practice can even overrule specific terms of employment if it can be proven)

If the manager gave you their number for general use as opposed to a specific reason then you could argue you were following their instruction.
Eg if they said hey here is my number in case you need to contact me if your ill, or late or something.
Again if you can prove others do the same your basically destroying their even highly unlikely GDPR argument.
Yes and other people have called in sick for for others. Colleagues' partners have called in sick before them and its never been an issue.
 
They are claiming its a breach of GDPR because my partner used my phone to get my manager's personal number. So to be clear, my personal phone to her personal phone to inform them i wasnt able to call in sick because of reasons given
I don’t think that’s a GDPR breach. Did your manager willingly give you their number?

Do they know about your mental health situation and have they seen the evidence you were in A&E?
 
I don’t think that’s a GDPR breach. Did your manager willingly give you their number?

Do they know about your mental health situation and have they seen the evidence you were in A&E?
Yep. Willingly passed over.

They know all about it, im very transparent and open and i have an ambulance report from the day. They havent seen it as the meeting was made before i could even present it...i will at the meeting
 
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Yes and other people have called in sick for for others. Colleagues' partners have called in sick before them and its never been an issue.

I would very specifically work on your wording and then present this in your meeting and I would suggest you say its custom and practice and that you are following your managers request to converse with them is this way.
Point out the above and say you believe they are being completely inconsistent with their approach and you believe you are being bullied over this matter which is nothing to do with GDPR.

As others have mentioned they are almost certainly trying to manage you out. You will need to look for another job, but you can certainly put them on the back foot over this if you play it correctly, and make it harder for them in the near future.

If everything has not yet been presented in writing, request this, also ask for an independent note taker to be present "due to the seriousness of the accusations"
Say you want the notes to be signed by them and you after they have been checked and before the meeting is ended.

They will almost certainly say no if you ask, but consider recording the meeting on your mobile so that you can refer back to it and check for wording later.

Edit to correct a typo (wording vs working)
 
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There's no way this is GDPR breach going by what you've described OP.

Indeed but if they're claiming that - then there's additional grounds for tribunal.

Essentially they're threatening legal (ie a GDPR breech) when it isn't. That's dirty and certainly will cross some ethical boundaries. Hence worth following up.
 
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I cant believe i didnt see it as a law break before. Thanks everyone, I'm certainly armed with some more information.
 
I would very specifically work on your wording and then present this in your meeting and I would suggest you say its custom and practice and that you are following your managers request to converse with them is this way.
Point out the above and say you believe they are being completely inconsistent with their approach and you believe you are being bullied over this matter which is nothing to do with GDPR.

As others have mentioned they are almost certainly trying to manage you out. You will need to look for another job, but you can certainly put them on the back foot over this if you play it correctly, and make it harder for them in the near future.

If everything has not yet been presented in writing, request this, also ask for an independent note taker to be present "due to the seriousness of the accusations"
Say you want the notes to be signed by them and you after they have been checked and before the meeting is ended.

They will almost certainly say no if you ask, but consider recording the meeting on your mobile so that you can refer back to it and check for wording later.

Edit to correct a typo (wording vs working)

This is some good advice OP. I'd just add:

- Ensure you request a copy of all applicable policies and procedure that they are intending to rely on in their claim that you have breached before you go in.
- Just go in there calm. You're not there for an argument.
- It's for them to put their 'case' to you and to demonstrate your breach/es. Ask them to thoroughly clarify all of the issues and facts of each breach, ie exactly how this is a GDPR breach, what was expected of you as far as ringing in sick is concerned especially when you were unable to. Don't argue against the GDPR breach with 'facts' and 'the law' if you are not certain of this. Simply state that you disagree and that you do not believe that this is anything to do with GDPR so will be challenging this with advice.
- Don't talk more than you need to. Answer the questions but do not add anything that isn't being asked of you that could be twisted and used against you.
- Emphasize that you acted in good faith and even when you were in hospital were still concerned that you needed to communicate your absence. Let them know that you are able to obtain hospital evidence to back up the issue you were facing.
- Definitely ensure, as a minumum, that someone is there making contemporaneous notes. These should be reviewed and a signed, a copy received straight after, plus a copy of them if they are typed up to check and compare. Recording the interview would be ideal but that will require their consent.
 
Indeed but if they're claiming that - then there's additional grounds for tribunal.

Essentially they're threatening legal (ie a GDPR breech) when it isn't. That's dirty and certainly will cross some ethical boundaries. Hence worth following up.
Oh yeh definitely worth OP following up and having a defence if it gets to that.
 
Using your phone to get your managers number would not typically be considered a data protection breach. UK GDPR are primarily concerned with unauthorised or accidental disclosure of personal data. In your case, wifey informed your manager about your emergency which seems reasonable and necessary. The alternative being work would have no clue where you are?!

As for ACAS, they are great for advice and will represent you, however, the company can decline to engage with them, this would result in ACAS issuing a certificate and you having to go to tribunal - expensive and time consuming and constructive dismissal/wrongful termination is difficult to prove/win - although check your home insurance for legal protection for employment disputes. Are you in a Union?

I think the AWOL is a stretch, you were taken to hospital by ambulance, what if you were in a car accident and unconscious?! Would work still write you up for AWOL for not calling in? As for the GDPR - another stretch.

It does seem that work is trying to manage you out, but it also seems like they are grasping at straws.
 
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Indeed but if they're claiming that - then there's additional grounds for tribunal.

Essentially they're threatening legal (ie a GDPR breech) when it isn't. That's dirty and certainly will cross some ethical boundaries. Hence worth following up.

He hasn't said they're threatening legal action just that they've brought up the claim that he broke GDPR alongside claiming he didn't follow procedures, sounds more like some Karen or male equivalent having a go at him because they want him out.

He should see a solicitor specialising in employment matters about this - the GDPR thing is a complete red herring really, he's clearly not breached any GDPR rules here.
 
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