Help required with workplace discipline

Mr Oxide · Wednesday at 00:37

ivrytwr3 said:
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.

IIRC, If it goes to tribunal, hearings can be attended by anybody from general public. I can't remember if all the information gets published, but I got the gist that it could be the case. Its kind of hazy. I had a dealing with ACAS nearly 2 years ago and I let it go in the end as it could've cost me a lot if I lost. I was in the right, but didn't chance it, so moved on.

Lopéz · Wednesday at 15:32

How did it go @omnomnom ?

For what it's worth, they are clearly trying to stiff you - they may have their reasons for wanting to get rid of you, and they could quite possibly be justified, but the two reasons cited don't sound like valid reasons.

Even if you dislike the job, I would advise you not to let yourself get stiffed.

Arterion · Thursday at 10:12

@omnomnom, while I don't wish upon you the escalation and stress of a tribunal, if it does come to that, we should pack the place out with OCUK forum members for support.

Pudney · 2025-02-10T12:57:40+0000

Vanquish-Storm said:
Honestly i am not legal in form or way but im sure that is under something else and not GDPR but i could be wrong.

For the edit, id say thats still a company breach of data as OP is an employee of the company. It’s not down to the individual. For example if I have a a phone number for mate A and pass it to mate B that’s nothing to do with GDPR. Maybe?

You can find explanations of GDPR and security cameras on the ICO website:

https://ico.org.uk/for-the-public/home-cctv-systems/

For your response to my edit, I think you're missing the glaring issue. A company breach will almost always be traced back to human error, which becomes a potential disciplinary issue. So whilst the company may technically have breached GDPR, that doesn't save an employee from action if they have breached policies, hence my reference to absence policies and custom/practice (i.e., is is acceptable for a non-employee to obtain a phone number and call in sick).

Vanquish-Storm · 2025-02-10T16:17:58+0000

Pudney said:
You can find explanations of GDPR and security cameras on the ICO website:

https://ico.org.uk/for-the-public/home-cctv-systems/

For your response to my edit, I think you're missing the glaring issue. A company breach will almost always be traced back to human error, which becomes a potential disciplinary issue. So whilst the company may technically have breached GDPR, that doesn't save an employee from action if they have breached policies, hence my reference to absence policies and custom/practice (i.e., is is acceptable for a non-employee to obtain a phone number and call in sick).

First part makes sense but it’s a different kettle of fish to GDPR.

Second part, don’t disagree but it will be the company that breaks GDPR and pays any fines. The employee can only be reprimanded on company policy but it tends to boil down to an employer error. Unless it’s something more major like a hack or whatnot.

Again I’m not legal in any which way.

Pudney · 2025-02-10T18:32:30+0000

Vanquish-Storm said:
First part makes sense but it’s a different kettle of fish to GDPR.

Second part, don’t disagree but it will be the company that breaks GDPR and pays any fines. The employee can only be reprimanded on company policy but it tends to boil down to an employer error. Unless it’s something more major like a hack or whatnot.

Again I’m not legal in any which way.

You can make a SAR to the owner of a domestic CCTV system, SARs are a right given by GDPR, clearly CCTV is covered by GDPR.

You’re still missing the point, who cares who the ICO fines for a GDPR breach if you get fired for causing it. Whether or not an employee gets fired will be heavily fact dependent.

Vanquish-Storm · 2025-02-10T22:29:29+0000

Pudney said:
You can make a SAR to the owner of a domestic CCTV system, SARs are a right given by GDPR, clearly CCTV is covered by GDPR.

You’re still missing the point, who cares who the ICO fines for a GDPR breach if you get fired for causing it. Whether or not an employee gets fired will be heavily fact dependent.

I see what you are saying but it’s not that simple. When is it ever.

Domestic purposes – personal data processed in the course of a purely personal or household activity, with no connection to a professional or commercial activity, is outside the UK GDPR’s scope

A guide to the data protection exemptions

ico.org.uk

No I agree it’s a moot point at the end of the day the business will do their best to throw you under the bus. That said in the OPs case I don’t believe it’s anything related to GDPR.