How Do I Claim Compensation For A Dismissal Records Data Breach?

A dismissal records data breach refers to an accidental or unlawful security incident that results in the destruction, loss, or unauthorised access to confidential details regarding an employment termination. This may include both personal and sensitive information.

Under UK GDPR and the Data Protection Act 2018, your employer has a duty to keep your dismissal records secure. So, failure to do so, such as having inadequate security software or accidentally exposing it may put them in breach of this. Additionally, if this caused you to suffer psychological harm, monetary losses, or both, you may have sufficient grounds to pursue a data breach claim against them.

Going through a termination can be stressful itself and having your dismissal records compromised by a data breach may only strengthen your anxiety and jeopardise your financial stability. However, at Legal Helpline, we have a panel of experienced, knowledgeable and professional solicitors available to help you claim the compensation you deserve.

To learn more or start your claim, get in touch today.

 

Select A Section

1. Can I Claim For A Dismissal Records Data Breach?
2. What Data Could Be Included In A Dismissal Records Data Breach?
3. Examples Of Dismissal Data Breach Claims
4. How Should Your Employer Protect Your Data At Work?
5. Dismissal Records Data Breach Compensation Calculator
6. Start A No Win No Fee Compensation Claim

Can I Claim For A Dismissal Records Data Breach?

Yes, you may be eligible to claim for a dismissal records data breach with our excellent panel of solicitors at Legal Helpline. However, you must meet the claims eligibility criteria and be able to prove the following.

• The data controller or processor was in breach of data protection laws. 

Firstly, you must prove that the data controller, your employer or data processor, an external agency, failed to adhere to data protection laws. These consist of the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. 

They may be in breach of such laws if human errors occur while handling your dismissal records such as unlawfully disclosing them or installing weak data security systems. 

• Your personal dismissal records were compromised in the data breach.

Secondly, your personal dismissal records and information such as your address, National Insurance Number and reasoning for dismissal must have been compromised by the data breach. This means that they were unlawfully or accidentally lost, disclosed or destroyed by your employer or agency responsible for processing your data. 

• You suffered mental injuries, financial losses, or both as a result of the breach.

Finally, the breach and compromise of your dismissal records must have caused you to suffer psychological harm such as anxiety or general emotional distress or incurred monetary losses such as costs for personal security systems. You may also claim compensation for both psychological and financial losses.

Call our friendly advisors today for a free consultation to find out if you are eligible to start a dismissal records data breach claim with Legal Helpline.

What Data Could Be Included In A Dismissal Records Data Breach?

Data breaches at work can affect your personal data, which is data that identifies a person. Some examples of personal data that could be included in your dismissal records could be:

• Name
• Address
• Date of birth
• Email address
• Phone number
• Bank account number and sort code

Your dismissal records could also contain special category data. This is a kind of personal data that requires extra levels of protection according to data protection law. Some examples of special category data that could be found in your dismissal records include:

• Health data
• Your sexual orientation
• Your race or ethnicity
• Your religious views or beliefs

If your personal data has been compromised by a dismissal records data breach that has caused you harm, get in touch with our team.

Examples of Dismissal Data Breach Claims 

Below are some examples of how dismissal data breach claims often arise. 

Dismissal Letter Sent To The Wrong Employee

If your dismissal letter was sent to a different employee, this is considered a breach of your data and may give rise to a claim. For example:

• You may have the same surname as another employee. As a result, your employer may have sent a letter containing your dismissal letter to the wrong employee. If any of your personal or special category data was then accidentally exposed, you may pursue a claim. 

Email Containing Dismissal Details Sent To The Wrong Recipient

If an email that contained your dismissal details was sent to the wrong recipient, this may give rise to a claim. For example: 

• Your employer may make a human error when sending your dismissal records containing your banking details. As a result, it is sent to a recipient that is not employed at your company, causing you financial losses. Therefore, you may be entitled to compensation.

Unauthorised Staff Accessing Records About An Employee’s Dismissal

If an unauthorised member of staff accessed records regarding your dismissal, you may claim compensation for this. For example:

• Your employer may have left their computer open when it contained your dismissal records. As a result, a cleaner viewed this and shared the date of your dismissal along with personal details to other colleagues causing you psychological harm, giving rise to a compensation payout. 

Dismissal Information Shared With Colleagues Without A Legitimate Reason

If your employer shared information regarding your dismissal to your colleagues without a legitimate reason, this places them in breach of data protection laws. For example:

• Your manager may have unlawfully shared information regarding your dismissal with other colleagues as a form of gossip, causing you severe anxiety. As this is considered a breach of data protection laws, you may claim compensation.

Former Employee Dismissal Records Exposed Due To Poor Data Security

If you are a former employee and you were informed your dismissal records were exposed in a breach due to poor data security, this may give rise to a claim. For example, 

• You may have been terminated from your employment 2 years ago but your dismissal details remained on a digital workplace system. However, your employer failed to install sufficient data protection software. So, when a cyberattack occurred, your name and address were exposed causing you mental suffering, giving rise to a claim. 

Dismissal Data Included In Documents Sent To The Wrong Department

If your personal data from your dismissal records was sent to the incorrect department of your work, you may be eligible to pursue a claim. For example, 

• Your employer may have accidentally shared data from your dismissal report to the manager of a different department who unlawfully shared such information with their employees. If this caused you anxiety and mental health service costs, you may claim compensation. 

HR Accidentally Disclosing The Reason For An Employee’s Dismissal

If HR within your workplace accidentally disclosed the reasoning of your dismissal, you may be entitled to compensation. For example:

• HR may have been informed that your contract was being terminated by your manager, before you received information of this. However, HR may then accidentally disclose the reasoning of this to your colleague, causing you to suffer hypervigilance and PTSD, which may give rise to a claim.

Paperwork Containing Dismissal Details Sent To The Wrong Address

Letters containing paperwork of your dismissal details being sent to the wrong address is considered a data breach and may give rise to a claim. For example:

• Your employer may have sent paperwork containing your dismissal details and payslips to the incorrect postal address. As a result, the third party gains access to your bank details, causing severe anxiety, giving rise to a data breach claim. 

Contact our advisors today and discuss the type of data breach you suffered from to find out if you can start the dismissal records data breach claims process.

How Should Your Employer Protect Your Data At Work?

Under data protection law, employers are responsible for protecting the personal data they collect and process. Guidance for this can be found through the UK GDPR, and through the Information Commissioner’s Office (ICO).

One thing that employers can do to aid in data protection in the workplace is to provide data protection training. For example, training employees on UK GDPR compliance, as well as features such as the blind carbon copy (BCC) feature in emails. Training in these areas can help reduce the risk of a human error data breach.

Employers must also ensure that they have adequate cyber security systems in place to digitally protect personal data. This can help prevent cyberattacks. Likewise, employers should have adequate onsite security where necessary to protect physical data. For example, a lockable filing cabinet for files that contain medical data.

If you would like to make a claim following a dismissal records data breach, get in touch with our team today for free legal advice and guidance.

Dismissal Records Data Breach Compensation Calculator

You can receive up to two types of damages if your dismissal records data breach claim succeeds. The first type of compensation is material damage, which provides compensation for any monetary losses that the breach causes. For example, a breach of your bank data, like your account number or sort code, could lead to significant financial losses. Criminals could steal money from your account. Or make fraudulent purchases using your credit card.

Non-material damage provides compensation for the psychological injuries that a data breach causes. For example, a data breach could lead to post-traumatic stress disorder (PTSD),  anxiety, and depression.

Below, there is a table containing guideline figures for non-material damage awards. The Judicial College Guidelines (JCG) provides these figures to legal professionals to help them value compensation claims.

Mental Harm Caused	Severity And Damages	Comments
Multiple Severe Psychological Harm and Financial Losses	Up to £150,000 plus	For multiple psychological harm that is severe and significant financial losses such as costs for mental health services, data security systems and new devices.
Psychological Harm	Severe - £66,920 to £141,240	Symptoms in this bracket could make it hard for the person to work, study or maintain relationships.
Psychological Harm	Moderately Severe - £23,270 to £66,920	The symptoms of this bracket are similar to the case above, but there is a more optimistic prognosis.
Psychological Harm	Moderate - £7,150 to £23,270	A marked improvement of symptoms goes on to provide a good prognosis.
Psychological Harm	Less Severe - £1,880 to £7,150	How much could be awarded will depend on how long and to what degree the person was affected.
Post-Traumatic Stress Disorder	Severe - £73,050 to £122,850	The injury has severely affected this person's ability to function or work at the same level and in the same way they did before the trauma.
Post-Traumatic Stress Disorder	Moderately Severe - £28,250 to £73,050	Some degree of recovery is expected with professional treatment, leading to a more optimistic prognosis.
Post-Traumatic Stress Disorder	Moderate - £9,980 to £28,250	A large recovery is expected, and any continuing symptoms are non-disabling.
Post-Traumatic Stress Disorder	Less Severe - £4,820 to £9,980	A mostly full recovery takes place, with only minor symptoms that continue.

Please be aware that these figures are guideline amounts. They are not guarantees of what you could receive. To get a free estimate of what your dismissal records data breach claim could be worth, contact our team of advisors.

Start A No Win No Fee Compensation Claim

If you would like to make a personal data breach claim, you may be wondering if you can hire legal representation. A No Win No Fee solicitor from our panel could be able to help you make your claim with a Conditional Fee Agreement (CFA).

Typically, a CFA allows you to access all the benefits of expert legal representation without paying ongoing costs or upfront fees to your solicitor. In the event of a successful claim, your solicitor will take a success fee. This is a small percentage of your compensation, with a legal cap. Without success, this fee is not paid.

Contact our advisors today for your no-obligation consultation to see if you can start a data protection breach claim. If they find you have a valid claim for compensation, an advisor may connect you with a solicitor from our panel. To get in touch:

• Call us on 0333 000 0729
• Contact us online
• Or use the live chat feature

Online Data Breach Resources

Reading these resources, you can learn more about making a data breach claim.

• Comparison Site GDPR Data Breach Compensation Claims Guide
• Can I Keep 100% Of My Compensation With A No Win, No Fee Claim?
• Recruitment Agency Data Breach Claims
• Bounty GDPR Data Breach Compensation Claims
• Universal Credit Data Breach Compensation Claims
• Advice On Victim Of Abuse Data Breach Compensation Claims

Or, for more helpful resources:

• NCSC – How to stay secure online
• NHS – Anxiety
• ICO – Information for the public

Thank you for taking the time to read our guide to claiming compensation for a dismissal records data breach.

Written by HC

Edited by CH