Have you had disciplinary or dismissal information breached by a work colleague? Are you wondering if you are eligible to claim compensation?
In this guide, we will discuss what kind of personal data could be included in your disciplinary and dismissal information report. We will also explore the impacts of a possible workplace data breach and how it could affect you both psychologically and financially.
Compensation for personal data breach claims can depend on a number of factors. We’ll explain these factors and provide guideline compensation examples.
Our advisors can provide more information on the personal data breach claims process and can tell you if your claim is valid. If it is, they may be able to put you in contact with a No Win No Fee solicitor from our panel. Find out if you could be eligible to claim today:
Select A Section
- What Is Disciplinary Or Dismissal Information?
- How Could A Work Colleague Have Breached Your Personal Information?
- How Long Do You Have To Claim For A Data Breach?
- Can I Claim If My Employer Disclosed Disciplinary Or Dismissal Information To A Colleague?
- How Much Could I Claim If Disciplinary Or Dismissal Information Was Breached By A Work Colleague?
- Contact Us To Discuss Your Claim
Disciplinary or dismissal information is often kept by employers to document when employees have been disciplined or dismissed and why. However, if your disciplinary or dismissal records contain personal information, your employer must take the appropriate steps to comply with data protection legislation such as The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA).
A personal data breach is defined by the UK GDPR as a breach of security that leads to unlawful or accidental destruction, alteration, loss, unauthorised access to or disclosure of personal information. This can be any information that could identify you. For example, your dismissal or disciplinary records may contain your name, your date of birth, or your postal address.
These records may also include special category data. This subtype of personal data requires extra protection according to data protection law and includes information such as your ethnicity, sexual orientation, and Trade Union membership status.
Our advisors can tell you if you have a valid claim when you get in touch today.
Both physical and digital personal data are protected under the DPA and the UK GDPR. Some examples of how a work colleague could breach your personal data include:
- An employee unlawfully discloses your personal information with unauthorised third parties, causing mental or emotional distress.
- An employee sends disciplinary records containing unredacted personal data to the wrong email address.
- Inadequate cybersecurity policies allow cybercriminals to gain access to dismissal records that contain personal data.
If you have suffered harm following a breach of your disciplinary or dismissal information that contained personally identifiable data, you may be eligible to claim for the harm you have suffered. Contact our advisors to learn more.
There are time limits to consider when beginning a personal data breach claim. Generally, there is a six-year time limit when starting a personal data breach claim. However, if you are claiming against a public body like the NHS or a local council, then this limit may reduce to one year.
Talk to one of our advisors today to learn more about how time limits could affect your personal data breach claim.
Not all cases of an employer disclosing disciplinary or dismissal information will become a successful claim. This is because personal data breach claims must meet certain criteria, including:
- The breach must include your personal data
- You must suffer financial or mental harm as a result of the breach
- The failings of the data controller or processor must cause the breach
If you believe that your personal data has been compromised in the workplace, you can contact your employer and request more information. They may be able to confirm the breach, or provide further information.
However, if their response is unsatisfactory, or if they do not respond at all, you can then make a complaint to the Information Commissioner’s Office (ICO). As an independent organisation, the ICO is able to investigate and issue fines to organisations found to be in breach of data protection law. While correspondence with the ICO may be able to help strengthen your claim, the ICO cannot provide compensation.
To learn more about who can claim following a personal data breach in the workplace, contact our advisors.
For data breach compensation, there are two heads that you could claim for:
- Material damage
- Non-Material damage
Material damage compensates for the financial losses that you incur following a personal data breach. For example, this could include charges on your credit card, or loans taken out in your name.
Non-material damage compensates for the psychological injuries that you suffer following a breach. For example, you may experience emotional distress, anxiety, depression, or post-traumatic stress disorder.
The Judicial College Guidelines (JCG) are used by legal professionals, such as solicitors and lawyers, to help them value compensation claims. The table below showcases figures from the 16th edition of the JCG, published in 2022. However, please note that the figures below are guideline amounts only, and the actual amount you may receive can differ.
|Psychological Illness: Severe
|£54,830 to £115,730
|Severe and permanent problems coping with all aspects of daily life, resulting in a poor prognosis.
|Psychological Illness: Moderately Severe
|£19,070 to £54,830
|Significant issues that are similar to the above, but with a more optimistic prognosis.
|Psychological Illness: Moderate
|£5,860 to £19,070
|Some issues similar to the above cases, but with significant improvement of symptoms by the time of trial.
|Psychological Illness: Less Severe
|£1,540 to £5,860
|Consideration given to the length of disability, and how symptoms affect daily activities and sleep.
|Anxiety Disorder: Severe
|£59,860 to £100,670
|Severe and permanent effects that prevent function at the pre-trauma level.
|Anxiety Disorder: Moderately Severe
|£23,150 to £59,860
|A brighter prognosis than above, as some recovery is possible with professional treatment.
|Anxiety Disorder: Moderate
|£8,180 to £23,150
|A recovery is in progress, but the continuing effects are not grossly disabling.
|Anxiety Disorder: Less Severe
|£3,950 to £8,180
|Recovery has been achieved within one to two years with only minor symptoms after this time.
Prior to the Court of Appeal’s ruling in Vidal-Hall and Others V Google Inc.  , it was only possible to claim for non-material damage at the same time as material damage. However, claimants can now claim non-material damage alone or in conjunction with material damage.
For a free estimate of what your personal data breach claim could be worth, contact our team of advisors today.
Under a No Win No Fee arrangement, you generally won’t pay any upfront fees. If your case is successful, your solicitor will take a small success fee. This is a legally capped amount that will come from your compensation. However, if your claim is not successful, you will not pay this fee.
If your claim is valid, a solicitor from our panel may be able to provide you with legal representation and guidance under a No Win No Fee arrangement. Contact our advisors to learn more by:
Workplace Data Breach Claims
For more helpful guides surrounding personal data breach claims, we recommend:
- My Employer Breached UK GDPR, Can I Claim?
- Common Causes Of Data Breaches
- Can I Claim Compensation If My Data Is Breached?
Or, for more helpful resources:
- ICO – Taking your case to court and claiming compensation
- ICO – The employment practices code
- ICO – Your data matters
Contact us today for more information about making a claim following a breach of your disciplinary or dismissal information.
Article by LE