Matthew Kenny v Admiral Care Services Limited [2018]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Northern Ireland Industrial Tribunal (NIIT)
  • Type of Claim / Jurisdiction
    Dismissal, Discipline and Grievance, Data Protection and Freedom of Information Act, Policies and Procedures
Issues covered: Unfair Dismissal; Constructive Dismissal; GDPR; Sending Details of Employee's Health to Colleague

The respondent is a limited company which provides domiciliary care services in the community. The claimant had been employed as a Care Assistant and later as a Team Leader until he resigned. He commenced a period of sick leave due to depression.  A number of ‘welfare meetings’ were held to ascertain the claimant’s state of health. Later, an email was sent by one of the Directors to another employee containing information about the claimant being a patient at a particular hospital. The claimant alleged that this breached confidentiality and disclosed his personal data in breach of data protection legislation. The respondent initially accepted this, and disciplinary action was taken.

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This article is correct at 21/03/2019

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John Taggart BL

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