Disciplinary information data breach compensation claims are a type of personal data breach claim made by employees against their employers following a breach of their disciplinary records. An employer should adequately protect the personal information of all employees, but this is particularly true when that information concerns sensitive personal matters and workplace disputes that disciplinary proceedings often address.
At Data Breach Claims, our advisors can offer simple free advice to anyone who has been affected by a personal data breach or suspects such an incident may have occurred. Our advisors can also explain the data breach claims process in more detail, and assess your eligibility for free.
Key Takeaways
- A personal data breach is a security incident that has led to the unlawful or accidental alteration, destruction, loss, unauthorised disclosure of or access to personal data.
- Disciplinary records contain information relating to internal company procedures that need to be handled with care, confidentiality and sufficient consideration for affected persons.
- If these records are lost, destroyed or unlawfully accessed, all employees involved in the disciplinary actions can suffer significant distress.
- You can claim compensation for the emotional distress caused by the breach of your disciplinary records as well as any financial hardships that you experienced as a result.
- Data Breach Claim’s panel of expert solicitors offer specialised legal services to all eligible claimants on a strictly No Win No Fee basis.
You can learn more about claiming for a breach of your disciplinary information by speaking to one of our friendly advisors today.
We Can Help With Your Claim
Our team of specialist advisors are ready to assist you with your data breach claim
Select A Section
- What Is A Disciplinary Information Data Breach?
- Can I Claim For Disciplinary Information Data Breach Compensation?
- What Information Is Held In Disciplinary Records?
- How Might A Breach Of Disciplinary Data Happen?
- How Much Disciplinary Information Data Breach Compensation Can I Claim?
- What Is The Process For Claiming Compensation For A Breach Of Disciplinary Data?
- Why Choose Our Panel Of Solicitors For Your Disciplinary Records Compensation Claim?
- Disciplinary Information Data Breach Compensation On A No Win No Fee Basis
- Learn More
What Is A Disciplinary Information Data Breach?
A disciplinary information data breach is, in general terms, a security incident that affects the availability, integrity or confidentiality of disciplinary records of one or more employees, per the Information Commissioners’ Office (ICO) guidance. The ICO monitor data rights in the UK and can enforce action against organisations that fail to comply with data protection laws.
Disciplinary records are important workplace documents that note the details of employee grievances, workplace investigations, and the procedures followed to reach resolutions. As such, they may contain a host of personal data, including an employee’s name, identification number and National Insurance Number, or any other information that can directly or indirectly identify the data subject.
Any exposure of such personal information, particularly for matters concerning sensitive personal data (special category data, such as trade union membership or data relating to their health or disability), could be extremely damaging to those affected.
You can find out more about personal data breaches in the workplace and get a free eligibility check by speaking to our advisors today.
Can I Claim For Disciplinary Information Data Breach Compensation?
Yes you could claim for disciplinary information data breach compensation if you can show that your workplace did not adhere to relevant data protection law, resulting in you suffering some form of damage due to the breach of your personal information.
Now, before we get into the eligibility requirements, there are 3 different parties we need to discuss. These are:
- Data controllers are the organisations that decide why and how any personal information will be processed. For the purposes of this guide, the data controller will be your employer.
- Data processors are external organisations that undertake data processing on behalf of a controller. Not every data controller will use outside organisations for this and may complete the processing themselves.
- Data subjects are the living individuals to whom the personal data relates. So any time we discuss data subjects in this guide, we could very well be talking about you!
Under the Data Protection Act 2018 and UK General Data Protection Regulation (UK GDPR), both data controllers and processors must uphold the rules and regulations contained within these laws when collecting, storing and using personal data. The eligibility requirements can therefore be summarised as follows:
- Your employer failed to adhere to data protection law when processing your disciplinary information.
- These failures resulted in a personal data breach incident, in which your personal information was affected.
- Consequently, you experienced financial losses, psychiatric harm or both.
You can learn more about disciplinary information data breach compensation claims, and get a free eligibility assessment today by talking to our advisory team.
What Information Is Held In Disciplinary Records?
Disciplinary records hold various information including complaints raised by employees, the details of any workplace investigations, actions that have been taken, as well as the contact details of any employees involved in disciplinary proceedings.
Personal data is defined as any information that may be used to directly or indirectly identify a living individual and can include the following examples:
- Your name.
- A postal address.
- Contact information, such as your phone number and email address.
- An employee code or reference number used for internal communications and administration.
Disciplinary proceedings often involve sensitive matters, and the personal data relating to them may also be deemed sensitive. This “special category” data, therefore, requires higher standards of protection in order for it to be lawfully processed. Examples of such sensitive personal information are:
- Data concerning racial and ethnic origin.
- Information regarding political, religious or philosophical beliefs.
- Any personal information regarding an employee’s health, sex life or sexual orientation.
- Data that reveals membership of a trade union organisation.
So in cases of workplace discrimination, harassment and other misconduct, a lot of this special category data could be relevant and therefore noted in disciplinary records. A personal data breach of these records can therefore lead to highly sensitive and confidential information being exposed, not only causing substantial distress to all involved but also compromising the company’s disciplinary process.
Further details regarding disciplinary information data breach compensation claims can be sought from our dedicated advisory team at any time.
How Might A Breach Of Disciplinary Data Happen?
A breach of disciplinary data can happen due to human error such as a failure to secure disciplinary documents and the loss of work devices as well as intentional action such as cyberattacks. Data controllers need to take appropriate action to prevent both types of personal data breaches.
Some more detailed examples have been provided for you here:
- The HR department failed to secure physical copies of your disciplinary record, leading to these documents subsequently being lost.
- Failures to upgrade cybersecurity software and respond adequately to the threat resulted in multiple disciplinary records being exposed in a cyber attack on company systems, including your own.
- A lack of data protection training led HR employees to discuss your disciplinary record openly in a communal area. Multiple employees heard confidential details of the disciplinary process when they were not authorised to do so due to the verbal disclosure of personal information.
Other scenarios where disciplinary information data breach compensation claims arise can, of course, occur, so please don’t hesitate to reach out to discuss your particular claim. Our advice lines are open 24 hours a day so an advisor is always on hand to take your call.
How Much Disciplinary Information Data Breach Compensation Can I Claim?
You could claim up to £152,900 in disciplinary information data breach compensation for the most serious psychological distress. This figure was taken from the Judicial College Guidelines (JCG), a publication containing guideline payout brackets that solicitors and other legal professionals can use to calculate the value of different claims.
Personal data breach compensation may be paid out for 2 different types of damage, which are:
- Material damage refers to the costs to you as a result of having your personal data breached. We’ve provided further information on this in the next section.
- Non-material damage is the psychiatric impact of having your personal information exposed, and is calculated in line with the JCG.
In order to calculate a non-material damage figure, a solicitor will use your medical evidence alongside relevant JCG brackets. Those brackets have been used to create the table here, although we should emphasise that the first entry was not taken from the JCG.
Compensation Table
Please be aware that this information is intended to offer a guideline only.
| Type of Harm and Severity | Guideline Payout Figure | Table Notes |
|---|---|---|
| Very Severe Psychological Harm with Financial Losses | Up to £500,000 and Above | Where the data subject has experienced very severe psychological distress and incurred significant material damage including lost pay, security costs and medical bills. |
| General Psychological Injury - Severe (a) | £72,440 to £152,900 | Severe problems relating to ability to cope with employment, social life and relationships with a very poor prognosis. |
| General Psychological Injury - Moderately Severe (b) | £25,190 to £72,440 | A much more positive prognosis but there will be significant problems with regard to the factors above. |
| General Psychological Injury - Moderate (c) | £7,740 to £25,190 | Cases where the individual has undergone a marked improvement and the prognosis is good. |
| General Psychological Injury - Less Severe (d) | £2,040 to £7,740 | Consideration for the impact on sleep and daily activities as well as the length of the disability period. |
| Post-traumatic Stress Disorder - Severe (a) | £79,080 to £133,000 | Permanent and bad effects across all aspects of life preventing anything close to pre-trauma functionality. |
| Post-traumatic Stress Disorder - Moderately Severe (b) | £30,580 to £79,080 | Substantial long term problems despite a better prognosis than above. |
| Post-traumatic Stress Disorder - Moderate (c) | £10,810 to £30,580 | A large scale recovery where the injured person is not experiencing any major disablement. |
| Post-traumatic Stress Disorder - Less Severe (d) | £5,220 to £10,810 | Virtual recovery within 2 years with only minor persisting symptoms. |
Can I Claim For Material Damage Caused By A Disciplinary Information Data Breach?
Yes, you can certainly claim for any material damage caused by a disciplinary data breach, chiefly any lost pay if you need time off work to recover. We have summarised what costs can be claimed here:
- Any loss of earnings, as we mentioned above.
- The cost of therapy, counselling and other medical expenses to support your recovery.
- If your address has been compromised, you may need to acquire new alarms, locks and cameras to protect your family and your property.
- In severe cases where your safety is at risk, a full relocation may be required.
Supporting documents such as your payslips, therapy invoices and any purchase receipts can all be used as evidence of the material damage you have sustained. To get a more personalised idea of what your potential claim could be worth, talk to one of our advisors today.
We Can Help With Your Claim
Our team of specialist advisors are ready to assist you with your data breach claim
What Is The Process For Claiming Compensation For A Breach Of Disciplinary Data?
The process for claiming compensation for a breach of disciplinary data involves ensuring you have sufficient evidence of what occurred and creating detailed records of the harm sustained. The key steps in disciplinary information data breach compensation claims have been set out below.
Identify What Data Has Been Breached
If your personal data has been breached, and your rights and freedoms have been put at risk (as would be the case for a breach of disciplinary data), your employer needs to inform you without due delay that the breach has occurred. Be sure to record what personal data was impacted and save a copy of your data breach notification letter.
Collect The Right Supporting Evidence
Key evidence for data breach claims includes:
- The data breach notification letter from your employer, whether a physical letter or an email.
- Ongoing correspondence with your employer regarding what is being done to rectify the situation
- Medical records showing your diagnosis of any psychological harm and records of any treatment received.
- Copies of any documents regarding material damage sustained.
- Any communications from the ICO.
Contact Your Employer
You can reach out to your employer for additional clarification or to express your concerns about how your personal information has been handled at any time. These rights apply whether you have been informed of a personal data breach or not. Set out your concerns clearly, and ask what steps are being taken to address them. Keep a record of all correspondence, including what steps they asked you to take to protect your own personal data.
Contact The ICO
This step will not be applicable in every instance as your employer should have reported the matter to the ICO if it meets the reporting requirements anyway. That being said, if you are dissatisfied with how your concerns were handled, or if it has been 3 months since the last meaningful correspondence regarding the breach of your disciplinary records, you can escalate your data protection complaint to the ICO.
While the ICO does not have the power to award compensation to affected data subjects, it can take disciplinary actions against any organisation found to be in breach of its obligations under data protection law.
Record The Harm Experienced
A simple task that will definitely help you maximise your chances of winning compensation is to record the harm and impacts of having your disciplinary records lost, exposed or otherwise compromised. These records contain potentially highly sensitive information that could impact your ability to remain in a job if those details became common knowledge; therefore, the potential for serious distress to be caused is very high.
Note your emotional state during this time period, recording what support you had, any medication taken and how the breach of your personal data has affected you. You should also keep track of any material damage experienced, keeping copies of important documents such as your payslips and bank statements.
To discuss your specific claim further, please reach out to the Data Breach Claims advisory team today.
Seek Legal Advice From A Trained Data Breach Solicitor
The data breach claims process, especially when it concerns a complex and sensitive matter like disciplinary proceedings, can seem very intimidating. So consulting with a legal professional not only about what avenues you claim you might have, but also to get support on how to respond to your company in a way that is legally compliant will definitely help you.
At Data Breach Claims, our panel of expert solicitors can offer eligible claimants in-depth advice on their legal rights, how the claims process works and what their claim might be worth.
Why Choose Our Panel Of Solicitors For Your Disciplinary Records Compensation Claim?
By choosing our panel of solicitors for your disciplinary records compensation claim you’ll be working with a highly experienced legal professional who has succeeded time and time again in winning compensation for clients just like you. The team at Data Breach Claims understands that seeking compensation from an employer, especially when it concerns delicate matters such as disciplinary records, can seem very daunting. That’s why our panel offers a broad range of support measures that they utilise to build a service around your specific needs.
For example, our panel of experts can:
- Connect you with the right mental health specialists, ensuring you receive any necessary treatment and care.
- Assist you with gathering evidence of the disciplinary records data breach, such as organising any correspondence from your employer and acquiring medical documents.
- Communicating with your employer on your behalf and keeping you informed of how the claim is moving forward.
- Determining a fair compensation figure that reflects the harm caused and losses incurred by the breach of your disciplinary information
Disciplinary Information Data Breach Compensation On A No Win No Fee Basis
You can definitely claim disciplinary information data breach compensation on a No Win No Fee basis, provided you meet the eligibility requirements. You can find out if you are eligible to claim for free by contacting our advisors. Claimants who do meet the criteria will be connected with a specialist data breach claim solicitor from our panel of experts, who can conduct their claim under a Conditional Fee Agreement (CFA).
A CFA is a No Win No Fee agreement that protects you from having to pay any service fees to the solicitor at the start of or during the claim, you will also not have to pay such a fee if the claim fails. However, under this type of agreement, a success fee is deducted from the compensation should you be awarded any. The Conditional Fee Agreements Order 2013 enforces a binding cap of 25% on the percentage that can be charged for this fee. In summary, then, when instructing a solicitor under a CFA, the advantages are well and truly with you.
Contact Data Breach Claims
You can contact Data Breach Claims today using any of the contact information provided here:
- Call an advisor on 020 8050 6279.
- You may also contact us online by completing a callback form.
- We operate a 24/7 live chat service, so click the button in the bottom left of your screen now.
Learn More
You can read some of our other data breach claims guides by following these links:
- Read our guidance on making an HR data breach claim here.
- Learn more about the types of personal data breach you could be eligible to claim for.
- Find out today what our panel of expert data breach solicitors can do for you.
A few external resources have also been provided and we hope these will be of some use to you:
- Get help on dealing with the stress caused by a breach of your personal data from Every Mind Matters.
- The National Cyber Security Centre provide support and guidance to businesses and individuals to help them stay safe online.
- See the latest action taken by the ICO to protect data security.
Thank you for taking the time to read our guide on disciplinary information data breach compensation claims.