A dismissal records data breach can lead to some highly sensitive personal information being viewed by unauthorised and potentially malicious individuals. This is no doubt a potential source of great distress.
We have created this guide to explain when you could be eligible to seek compensation after your dismissal records were compromised. Topics covered include eligibility to claim, how a workplace data breach could occur, and how solicitors can reach a compensation figure for the two different types of damage data breach claims can be made for.
You also read information on how our panel of expert data breach solicitors could help you seek compensation under a specific type of No Win No Fee contract. You can enquire further and get a free check on the validity of your claim by speaking to our advisory team via:
- Phone on 020 8050 3051.
- Completing our “Contact Us” form here.
- The live chat window on your screen.
Select A Section
- What Are Dismissal Records?
- Can I Claim For A Dismissal Records Data Breach?
- How Could A Dismissal Records Data Breach Happen?
- How Can Data Breaches At Work Be Prevented?
- What Do I Need To Claim For A Dismissal Records Data Breach?
- How Much Data Breach Compensation Could I Receive?
- Claim For A Workplace Data Breach On A No Win No Fee Basis
- Read More About Data Breach Claims
What Are Dismissal Records?
Dismissal records are documents held by employers that are records of an employee’s dismissal. Employers are required to follow fair and reasonable procedures when dismissing staff members, these documents should be an accurate record of the process that was followed and why the decision to dismiss was taken.
What Personal Information Is Contained In My Dismissal Records?
Personal data, or personal information, is any information that can be used to identify an individual through either direct or indirect means.
Some examples of personal data that could be exposed in a dismissal records data breach include:
- Your name.
- Your address and contact information.
- Financial information such as payroll number.
- National Insurance Number.
Depending on the nature of the dismissal, the records could also contain special category data. The special category of personal data is defined as information that is of higher sensitivity and, therefore, requires higher standards of protection. This includes data relating to health, race and ethnicity, religious, philosophical and political beliefs, and membership of trade unions.
To get a free assessment of your eligibility to claim, please get in touch with our advisory team today.
Can I Claim For A Dismissal Records Data Breach?
You might be entitled to compensation, but before we get into the eligibility requirements to make a dismissal records data breach claim, we need to discuss who can be involved in a breach of personal data. The 3 relevant parties are:
- Data subjects: living identifiable individuals to whom the personal data relates.
- Data controllers: organisations that decide when, why and how personal data is to be processed or stored. For the purposes of our guide, the data controller is your employer.
- Data processors: some organisations, although not all, may use external services to process the data they collect.
A data controller and any data processor they use are required to keep all personal data safe by the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Failures to abide by these laws can put your personal data at risk.
The eligibility criteria to claim data breach compensation are as follows:
- Your employer, in their capacity as data controller, failed to adhere to the data protection laws.
- That conduct was the cause of a data breach in which your personal data was affected.
- As a result of this breach, you suffered some psychological harm, financial damage or both.
You can get a no cost, and zero obligation, assessment of your eligibility to claim data breach compensation by talking to our advisors today. The team are available 24/7 via the contact information above.
How Could A Dismissal Records Data Breach Happen?
A dismissal records data breach could happen in various circumstances. We have provided a few potential examples here:
- Your employer accidentally attached your dismissal records to a group email instead of sending them privately. You experienced considerable distress due to your colleagues becoming aware of the details of the dismissal.
- An HR staff member left a laptop containing your dismissal records on a train. Unauthorised persons were subsequently able to gain access to the lost device. As a result, you had to change the locks on your door as well as install security cameras at your home.
- Administrative errors resulted in a letter containing your dismissal records being sent to the wrong address. The letter contained details of your outstanding salary as well the reasons for your dismissal. This caused emotional harm.
If your particular circumstances are not listed here, don’t worry. You could still be eligible to claim. Contact our advisors today for a free assessment of your eligibility.
How Can Data Breaches At Work Be Prevented?
The steps each individual employer can take to prevent workplace data breaches will be different depending on how large their organisation is, how sensitive the data is, and whether or not they have off-site employees.
We have summarised the ICO guidance for small organisations here:
- Have secure storage methods: This can include locked cabinets for hard copies of data, and strong passwords for all digital systems. Ensuring only certain employees, such as managers and team leaders, can access employee files will also minimise the risk of a security incident.
- Clear desk policy: Documents should not be stored at workstations. By having secure and organised storage for all data, the risk of sensitive documents being left unattended is minimised.
- Clear policies for remote workers: two factor authentication and up to date cyber security software is important for all staff, but especially for remote workers who use their own devices.
- Keep client details up to date: this includes addresses, contact information and other details.
- Have a uniform format for naming and organising files: By ensuring both physical and electronic files are stored in the same format, the risk of documents being misplaced or sent to the wrong people is minimised.
- Use blank templates and keep them separate from filled-in documents.
- Review access controls and ensure only staff who need access to certain files to do their jobs have it.
- Back up systems regularly to avoid losses in the event of fire, power outages or flooding.
- Ensure employees who leave the organisation don’t inadvertently take documents with them when they depart. You can also use a restrictive covenant clause to prevent ex-employees from contacting customers using company information.
- Ensure personal matters, and sensitive information are discussed privately.
Get in touch with our advisors today for a free assessment of your eligibility to claim.
What Do I Need To Claim For A Dismissal Records Data Breach?
As part of your dismissal records data breach, you will need to provide some supporting evidence. We have set out some possible examples here:
- You should receive a data breach notification letter from your employer if a personal data breach that put your individual rights and freedoms at risk has occurred. This could be in the form of an email or a written letter.
- Medical records of your diagnosis with psychological distress as a result of the data breach.
- Bank statements, payslips and other documentation that detail the financial losses you experienced.
As a data subject, it is your legal right to express concerns about how your personal data is being stored or processed at any time. If you do not receive a response, or are unsatisfied with the response you receive, you can escalate your complaint to the Information Commissioner’s Office (ICO). The ICO helps ensure data security by enforcing data protection legislation.
While the ICO do not have the power to compensate affected data subjects, they can investigate data controllers and issue fines for breaches of the UK GDPR. You can use these findings as supporting evidence for your claim.
To inquire further about the evidence you could collect as part of your personal data breach claim, get in touch with us today. Our advisors are available 24/7 via the contact details provided below.
How Much Data Breach Compensation Could I Receive?
Compensation for a dismissal records data breach can be awarded for two different types of damage. These are:
- Financial losses caused by the data breach are considered material damage.
- Psychological distress that results from a breach of your personal information is defined as non-material damage.
Reference can be made to the Judicial College Guidelines (JCG) in conjunction with your medical documents by the legal team assigned to your claim. The JCG publication contains guideline award brackets for various injuries that solicitors can use to help calculate potential compensation amounts.
We have used the JCG amounts for psychological injuries in our compensation table. We should emphasise that the top entry is not a JCG figure.
Compensation Table
Please note that the numbers given here are intended as guidance only.
| Type of Injury | Severity | Guideline Compensation Figure | Notes |
|---|---|---|---|
| Very Severe Psychological Harm with Significant Financial Losses. | Very Severe | Up to £500,000 + | The injured person will have incurred substantial financial losses as well as very severe psychologicla distress. |
| General Psychiatric Damage | Severe (a) | £66,920 to £141,240 | Marked problems relating to the injured person's ability to cope with work, social life and personal relationships with a very poor prognosis. |
| Moderately Severe (b) | £23,270 to £66,920 | A much better prognosis than above but significant problems regarding coping with employment and social life will be present. | |
| Moderate (c) | £7,150 to £23,270 | Substantial improvement in the injured person's condition with a positive prognosis | |
| Less Severe (d) | £1,880 to £7,150 | Awards in this bracket will take account the affect on sleep, impact on daily activity and the length of disability period. | |
| Post-Traumatic Stress Disorder | Severe (a) | £73,050 to £122,850 | Permanent effects that prevent anything even resembling the pre trauma functionality with bad affects across all aspects of life. |
| Moderately Severe (b) | £28,250 to £73,050 | Significant disability for the foreseeable future despite a better a prognosis than in (a). | |
| Moderate (c) | £9,980 to £28,250 | The injured person will have largely recovered and not be experiencing any grossly disabling effects. | |
| Less Severe (d) | £4,820 to £9,980 | Virtual recovery within 2 years and only minor continuing symptoms. |
Material Damage Compensation In Dismissal Records Data Breach Claims
Material damage refers to the financial losses caused by having your personal data breached. We have outlined a few possible examples of costs you claim back here:
- Loss of earnings due to time taken off work.
- The cost of security installations or relocation if your address has been compromised.
- Medical costs such as for therapy or counselling sessions, or prescription medications due to psychological distress.
You’ll need to provide some supporting evidence of these costs, so make sure you have copies of your payslips, prescription letters, receipts or other documents that show the financial losses you incurred.
You can get a more personalised idea of what your potential claim could be worth by speaking to our advisors. Get in touch today using the contact information given below.
Claim For A Workplace Data Breach On A No Win No Fee Basis
To find out if you have a valid dismissal records data breach claim, call our advisors for a free assessment today. If eligible, a highly experienced data breach solicitor from our panel of experts could take on your case on a No Win No Fee basis.
Our panel offer a No Win No Fee contract called a Conditional Fee Agreement or “CFA” as a way to provide their services. This contract puts the advantage firmly with the claimant with benefits including:
- No fees for your solicitor’s work at the start of the claims process.
- There will also be no fees for these services during the claim itself.
- Finally, if the claim fails, you will not be met with a fee for the work your solicitor did on your case.
You’ll be awarded data breach compensation if the claim succeeds. A percentage of this compensation will go to the solicitor as their success fee. The Conditional Fee Agreements Order 2013 caps these fees at 25%. What this means is you’ll know from the very beginning that you’ll keep most of any compensation that is awarded.
For a free assessment of your potential claim’s validity, contact our advisory team today by:
- Calling us on 020 8050 3051.
- Completing our “Contact Us” form here.
- The live chat window on your screen.
Read More About Data Breach Claims
You can read some of our other data breach claims guides here:
- Read our guide on seeking pension data breach compensation here.
- Find out more about claiming for a data breach at work with this guide.
- Learn how to report a data breach by reading this page.
We have also included these external resources for additional information:
- Access NHS mental health services through their website.
- View the action taken by the ICO against data controllers and processors who did not abide by the UK GDPR.
- Read this resource on data protection on the Government website.
We’d like to thank you for reading our guide on dismissal records data breach claims. For a free assessment of your eligibility and to ask any questions about claiming for a data breach you may have, contact our advisors today using the details provided above.
