Sickness on public display
Discussion
A manager wants to put all our holidays on a big display board at work (yearly wall planner), which is good for visibility and covering etc. However they also want to display on that any days that you have taken sick.
Am I right in thinking that this should not be allowed? Seems wrong that you can view a peers days when they were sick. Could lead to 'too many questions' from others?
Any legal standpoint on this?
Am I right in thinking that this should not be allowed? Seems wrong that you can view a peers days when they were sick. Could lead to 'too many questions' from others?
Any legal standpoint on this?
Liszt said:
motorwise said:
why take exception - if you're not "pulling a sicky" but really ill it's not a problem is it? illness is nothing to be ashamed of
You've obviously never worked in a vindictive office. I would certainly object on Privacy, Data Protection and Human Rights grounds
I've never had a day off sick (too ashamed) - I run my own business now so I daren't go sick, but seriously do people really make a big fuss about these sort of things? I've been out of an "employed" environment for about ten years but I don't remember a fuss being made about this stuff - things really have changed
wainy said:
A manager wants to put all our holidays on a big display board at work (yearly wall planner), which is good for visibility and covering etc. However they also want to display on that any days that you have taken sick.
Am I right in thinking that this should not be allowed? Seems wrong that you can view a peers days when they were sick. Could lead to 'too many questions' from others?
Any legal standpoint on this?
Am I right in thinking that this should not be allowed? Seems wrong that you can view a peers days when they were sick. Could lead to 'too many questions' from others?
Any legal standpoint on this?
Data Protection Act.
The company is allowed to keep legitimate records for their own purposes, but unless you have consented, they are not allowed to make this public knowledge.
The holidays they can get away with, but the sickness probably not. Whether you are ill and/or have illnesses is not for public display.
I can see why they are doing it, to reduce the amount of sick days if your peers can see who is not pulling their weight - I dont think they have considered the ramifications for legitimate illnesses though.
Liszt said:
motorwise said:
why take exception - if you're not "pulling a sicky" but really ill it's not a problem is it? illness is nothing to be ashamed of
You've obviously never worked in a vindictive office. I would certainly object on Privacy, Data Protection and Human Rights grounds
Good grief is this what it has come to? What about sex and age discrimination-I'm sure you can get that in somehow. Human Rights!
If you don't lke where you work leave and find another job. If you are any good it is their loss. Or if you are the type of person that quotes the Human Rights Act if they put your sickies on the board well.....
Edited by greenie on Monday 15th January 07:38
We do software for tracking this kind of thing.
Out software tracks sickness, holidays etc but doesn't publish it. Its an interesting idea - none of our customers have ever wanted to do it....
Thoughts:
If its not a computerised record the Data Protection Act ought not to apply: that and the DPA is intended to ensure an individual has the right to see any data held about him/her and the right to get it amended if its incorrect. I don't think it can be used to prevent others seeing the information. As to "Human Rights". Not sure which one is being violated by displaying holidays and absences on a wall planner.
I reckon the manager can do this if he/she wants.
Out software tracks sickness, holidays etc but doesn't publish it. Its an interesting idea - none of our customers have ever wanted to do it....
Thoughts:
If its not a computerised record the Data Protection Act ought not to apply: that and the DPA is intended to ensure an individual has the right to see any data held about him/her and the right to get it amended if its incorrect. I don't think it can be used to prevent others seeing the information. As to "Human Rights". Not sure which one is being violated by displaying holidays and absences on a wall planner.
I reckon the manager can do this if he/she wants.
CaptainSlow said:
Don said:
If its not a computerised record the Data Protection Act ought not to apply.....
wrong...it does apply in full force!
CabinetOffice said:
a set or sets of manual information which are referenced to individuals (or criteria relating to individuals), and where the information is specific to an individual, would be caught by the DPA if generally accessible on a day-to-day basis
Since the specific point of this "display" is to make sickness of individuals generally accessible on a day-to-day basis - in fact to make it "in your face" - I doubt there is a hope in hell it wouldn't come under the DPA.
Edited by victormeldrew on Monday 15th January 09:21
Why should work colleagues be informed about YOUR sickness record?
Forget about the knee jerk reaction to mere mention of the words "Human Rights". What would YOU think if elements of YOUR medical history were placed on public display.
Data Protection is an important issue - that is why the law was introduced over 20 years ago (and it includes ALL personal data held on files - computer AND paper). I am pretty sure that posting such information on a public display board is contravention of the Data Protection Regulations and could result in prosecution and fines for the employer.
There seems to be some underlying presumption that being sick or ill is some sort of devious activity carried out by those who are trying to skive off work. That may be the case in some situations but most illnesses are genuine.
Forget about the knee jerk reaction to mere mention of the words "Human Rights". What would YOU think if elements of YOUR medical history were placed on public display.
Data Protection is an important issue - that is why the law was introduced over 20 years ago (and it includes ALL personal data held on files - computer AND paper). I am pretty sure that posting such information on a public display board is contravention of the Data Protection Regulations and could result in prosecution and fines for the employer.
There seems to be some underlying presumption that being sick or ill is some sort of devious activity carried out by those who are trying to skive off work. That may be the case in some situations but most illnesses are genuine.
its funny, but I get the feeling those dead set against this are probably people who take 'duvet days', or have a high number of sickies.
In the last 6 years i've probably had a total of 2 or 3 days off sick, not that I havent been ill, but some people seem to call in sick if they have a slight cold, whereas I do tend to work through it, though the day I went to Paris with food poisioning probably wasnt the best idea!
In the last 6 years i've probably had a total of 2 or 3 days off sick, not that I havent been ill, but some people seem to call in sick if they have a slight cold, whereas I do tend to work through it, though the day I went to Paris with food poisioning probably wasnt the best idea!
www.campus.manchester.ac.uk/recordsmanagement/dataprotection/dpafaqs/
Interesting article. Not directly related but gives a better idea.
Manager almost certainly could display the information. Employees would need to give consent. Not consenting would have its own ramifications I imagine...
Interesting article. Not directly related but gives a better idea.
Manager almost certainly could display the information. Employees would need to give consent. Not consenting would have its own ramifications I imagine...
Don said:
www.campus.manchester.ac.uk/recordsmanagement/dataprotection/dpafaqs/
Interesting article. Not directly related but gives a better idea.
Manager almost certainly could display the information. Employees would need to give consent. Not consenting would have its own ramifications I imagine...
Interesting article. Not directly related but gives a better idea.
Manager almost certainly could display the information. Employees would need to give consent. Not consenting would have its own ramifications I imagine...
article said:
The purpose of the Act is to protect the rights of the individual about whom data is obtained, stored, processed or supplied ...
article said:
Q: What exactly is 'sensitive information'?
A: Sensitive information covers areas such as a person's racial or ethnic origin, political opinions, religious beliefs or beliefs of a similar nature, trade union membership or non-membership, physical or mental health or condition ...
A: Sensitive information covers areas such as a person's racial or ethnic origin, political opinions, religious beliefs or beliefs of a similar nature, trade union membership or non-membership, physical or mental health or condition ...
article said:
Q: What are the main principles of the Act?
A: The Act has eight principles to make sure that personal data is handled properly. Data must be:
1. fairly and lawfully processed;
2. processed for limited purposes;
3. adequate, relevant and not excessive;
4. accurate;
5. not kept for longer than is necessary;
6. processed in line with your rights;
7. secure; and, ...
A: The Act has eight principles to make sure that personal data is handled properly. Data must be:
1. fairly and lawfully processed;
2. processed for limited purposes;
3. adequate, relevant and not excessive;
4. accurate;
5. not kept for longer than is necessary;
6. processed in line with your rights;
7. secure; and, ...
article said:
Q: This all seems quite complicated. Is there a basic rule I should remember?
A: Be very careful about the personal information you hold and in particular who you pass it on to. Think about what you are using personal data for and whether this is what the individual concerned would expect you to be using it for. Wherever possible obtain specific consent.
A: Be very careful about the personal information you hold and in particular who you pass it on to. Think about what you are using personal data for and whether this is what the individual concerned would expect you to be using it for. Wherever possible obtain specific consent.
article said:
Q: I would like to publish a list of students' e-mail addresses/home addresses on the School notice board. Can I do this?
A: Consent must be obtained from all individuals concerned before any such personal data is made public. If any individual does not give their consent then their data must not be published. If an individual initially agrees but then changes their mind, their data must be removed immediately.
A: Consent must be obtained from all individuals concerned before any such personal data is made public. If any individual does not give their consent then their data must not be published. If an individual initially agrees but then changes their mind, their data must be removed immediately.
None of that supports the view that sickness details could be published on a noticeboard! The last point is interesting, and seems to suggest that if ANY individual concerned objects then the information cannot be displayed for anyone.
None of that would stop a bully from forcing people to "consent", of course.
Fidgits said:
its funny, but I get the feeling those dead set against this are probably people who take 'duvet days', or have a high number of sickies.
In the last 6 years i've probably had a total of 2 or 3 days off sick, not that I havent been ill, but some people seem to call in sick if they have a slight cold, whereas I do tend to work through it, though the day I went to Paris with food poisioning probably wasnt the best idea!
In the last 6 years i've probably had a total of 2 or 3 days off sick, not that I havent been ill, but some people seem to call in sick if they have a slight cold, whereas I do tend to work through it, though the day I went to Paris with food poisioning probably wasnt the best idea!
Quite likely. There are, also, people who have got something serious, need to go to the doc a lot, and don't particularly want their illness shouted about. If you've got cancer and are undergoing chemotherapy I can see how you might prefer that this isn't broadcast...
...but in general I think you're right!
What if a person really does contract an serious illness - such as a form of cancer or MS? These things happen all the time. They would undoubtedly end up with a poor sickness record as they took time off for treatments and spells in hospitals. Would their records be posted up on the board? If so, to what purpose? Is the employer trying to bring pressure on those with poor sickness records in order to "show them up"?
Would he have to leave those with genuine illnesses off the board, thernby reinforcing the view that the board was actually his opinion of who were "shirkers"? I can tell you, he would be on huge "dodgy" ground as an employer.
If I found my health record being displayed in this manner I would be very upset, and I was never a person who abused sick leave.
If an employer has a problem with someone's perceived insincere "sickness" abscences from work, there are plenty of ways he/she can make his feelings felt to that employee without trying to humiliate him/her on a public notice board.
Would he have to leave those with genuine illnesses off the board, thernby reinforcing the view that the board was actually his opinion of who were "shirkers"? I can tell you, he would be on huge "dodgy" ground as an employer.
If I found my health record being displayed in this manner I would be very upset, and I was never a person who abused sick leave.
If an employer has a problem with someone's perceived insincere "sickness" abscences from work, there are plenty of ways he/she can make his feelings felt to that employee without trying to humiliate him/her on a public notice board.
victormeldrew said:
None of that supports the view that sickness details could be published on a noticeboard! The last point is interesting, and seems to suggest that if ANY individual concerned objects then the information cannot be displayed for anyone.
None of that would stop a bully from forcing people to "consent", of course.
I think that "consent" is the key to this. No consent - no display. There again. One's contract of employment might well allow the firm to do a range of HR processes...including the recording of sickness details on a public medium.
Don said:
Fidgits said:
its funny, but I get the feeling those dead set against this are probably people who take 'duvet days', or have a high number of sickies.
In the last 6 years i've probably had a total of 2 or 3 days off sick, not that I havent been ill, but some people seem to call in sick if they have a slight cold, whereas I do tend to work through it, though the day I went to Paris with food poisioning probably wasnt the best idea!
In the last 6 years i've probably had a total of 2 or 3 days off sick, not that I havent been ill, but some people seem to call in sick if they have a slight cold, whereas I do tend to work through it, though the day I went to Paris with food poisioning probably wasnt the best idea!
Quite likely. There are, also, people who have got something serious, need to go to the doc a lot, and don't particularly want their illness shouted about. If you've got cancer and are undergoing chemotherapy I can see how you might prefer that this isn't broadcast...
...but in general I think you're right!
Very true, but under most circumstances, if you are undergoing chemotherapy, surely you would be taking a leave-of-absence over the period anyway, and while I understand you might not want people to know, it's likely to get around so people understand.
I think there is a big difference between people who genuniely have serious illnesses, those 'duvet days', and my personal pet hate, parents that call in sick because 'little johnny has the sniffles'.
[quote=Fidgits]its funny, but I get the feeling those dead set against this are probably people who take 'duvet days', or have a high number of sickies.....quote]
possibly, but I'm of the view that an individual's medical history is confidential information. I would leave it to the manager to decide if sick leave is genuine not the office "medical experts". In the case of an individual needing time off in the future, eg for an operation, then yes for business continuation purposes selected persons may need to know in advance, but to display this info for general view is not acceptable to me.
possibly, but I'm of the view that an individual's medical history is confidential information. I would leave it to the manager to decide if sick leave is genuine not the office "medical experts". In the case of an individual needing time off in the future, eg for an operation, then yes for business continuation purposes selected persons may need to know in advance, but to display this info for general view is not acceptable to me.
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